Are retirees subject to UCMJ?

Reservist even with 20 years of active duty cannot be recalled. A former Marine is presently fighting in court because his reserve component counterparts are not subject to UCMJ but he is. He wants his charges and conviction thrown out. On first appeal it was thrown out but when the Gov't appealed jurisdiction and his conviction were reinstated. The case is still working it way through the court. But bottom line is only regular component of the armed forces retirees are subject to the UCMJ.

BLUF: Yes, retired members of the active component are subject to the UCMJ. When you retire from AD, you go into the Retired Reserve. While an inactive status, you maintain your military affiliation, are subject to recall (rare) and prosecution under the UCMJ.

I know this is an old post, but it just got new life. Seems courts have decided retirees can be prosecuted under UCMJ, though there's some back and forth.

https://www.military.com/daily-news/2019/10/08/court-withdraws-opinion-saying-military-retirees-shouldnt-be-court-martialed.html

My guess is yes. Were still an example to our country

Retired for whatever reason........
By receiving Pay, Healthcare and Educational Benefits, you are still subjected to the UCMJ.

is you can be recalled for a crime that happened as a civ. can you return to correct to a disability discharge, if the errored?

Retirement is benefit owed to service member like a company pension. Service member once retired is no longer belong to the Armed Forces therefore not subject to UCMJ. The civilian law will take affect once a service member became a civilian. If service member broke the law while serving & has not been prosecuted then I believed service member can be prosecuted after retirement.

Then easily I think that Michael Thomas Flynn a retired United States Army Lieutenant General should be looked at for this.

Personally I dont think it should be allowed. If they break the law as a civilian then they should be processed under civilian laws. I dont believe this has anything to do with military ethics. My personal opinion is that it's a way for the government to take away benefits and save money. If a service member did thier 20 or medically retired that should be the end of it. Now if the crime was committed while they were still in service, I can get behind that.

Once a US soldier, sailor, marine, air force or coast guard we are morally obligated to maintain values typified by our respective service. The oath we took at entrance is carried forward at ETS. UCMJ is just the tip of the spear~made ready, in reserve... to make sure we need not~fall on it. UCMJ is ever there to inforce that sacred oath~as wire in the blood~by conscription or volunteer.