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According to Article 2 of UCMJ, "Retired members of a regular component of the armed forces who are entitled to pay" are covered by UCMJ. Does this mean that retirees can be charged with UCMJ violations even long after retirement and when not doing anything related to the military? Has this ever happened?
http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm
http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm
Retired
Retirement
UCMJ
JAG
Posted 9 y ago
Responses: 388
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According to recent court findings retired troops are more subject to the UCMJ than reservists.
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SSG Alfred Woods
Reservist who commit acts of felony while in the performance of their duties, are subject to court martials, even after retirement.
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LTC (Join to see)
SSG Alfred Woods - Yes but currently drilling reserve Soldiers are only subject to UCMJ while on orders, so they are less subject to UCMJ than retired Soldiers.
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SSG Alfred Woods
Yes Sir,
I've been retired, since 2/99 and I concur in what you are saying, with the understanding that initially, Reserve soldier are under the jurisdiction of their "state," unless they are released on orders to perform the duties requested of the president. So, basically, the reserve soldiers would be on a loan, to the U.S. government and when they are on "Loan," then they are subject to the guidance of the UCMJ for actions, should they be found to have committed.
I've been retired, since 2/99 and I concur in what you are saying, with the understanding that initially, Reserve soldier are under the jurisdiction of their "state," unless they are released on orders to perform the duties requested of the president. So, basically, the reserve soldiers would be on a loan, to the U.S. government and when they are on "Loan," then they are subject to the guidance of the UCMJ for actions, should they be found to have committed.
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MSgt Gilbert Jones
Once an active duty retiree completes their 30 total years obligation they no longer can be recalled, only those who served in the reserve and retired can. That was the last finding.
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Yes, for very extreme cases (such as murder and rape) where crimes were committed while ON ACTIVE DUTY and discovered after the soldier/sailor retired. But if you're facing those types of crimes, NJP should be the least of your concerns.
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Yes, absolutely they are. When you retire, legally you enter the "Retired Reserve" and called be called back to active duty for emergencies, etc. This includes UCMJ actions for crimes committed while on active duty. In 1999, MG David Hale was called back on active duty and court martialed for having affairs with the wives of his subordinates. More recently, in 2017 retired MG James J. Grazioplene was court martialed for raping a child.
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The Walker brothers were charged under UCMJ selling secrets to the Soviets. They were arrested in late 80s orr early 90s
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The only instance THAT I'M AWARE OF is an offense under Article 82 of the UCMJ. There may be others.
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They are but they SHOULDN'T be. One enlists, not for life. After spending the requisite number of years in the armed services and then meeting retirement criteria. THAT should be it. Retirement is retirement. Discharge should be FULL discharge. I suggest that this ability to reach out into a soldier's or sailor's retirement and subject him or her to the UCMJ is unfair and unjust on it's face. That said, "Any person" without ever having been in the service is subject to prosecution for being a spy under UCMJ 906.106-Spies. Barack Obama currently stands accused of being a spy under that Section and Article. Obama usurped the Presidency by fraud, during a time of war. That makes Obama both a traitor and a spy. http://www.thepostemail.com/11/19/2017/imposters-oval-office/
Imposters in the Oval Office - The Post & Email
“ONE HUNDRED PERCENT AMERICAN” by Robert C. Laity, Copyright 2017, All rights reserved, ISBN #978-0-692-98843-5 (Nov. 19, 2017) — [Editor’s Note: The following is the first five pages, plus a small portion of page 6, of a book registered with the U.S. Copyright Office by citizen researcher and disabled U.S. Navy veteran Robert C. …
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PO3 Robert Laity
One should enjoy full separation from duties and responsibilities under the UCMJ once one retires after spending the requisite time in service. Retirement means retirement. I am against this life long applicability of the UCMJ on retirees. They have retired.
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Yes. If you are collecting retirement pay. Dosen't mean it will happen.
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I believe there is very recent case law that indicates that avenue cannot be perused.
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Simple answer is yes. My understanding of it though is that it only covers crimes and violations committed while active though.
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