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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
Posted 9 y ago
Responses: 388
Maybe for 20 year guys receiving the annuity, but not so much for we medical retirees. I started over twice (breaks in service) and accumulated just shy of 17 years. I’m a peon. They don’t care about me. Besides I stick to myself and have no cause to commit crimes that would warrant that.
Also when our contract ends the UCMJ is not supposed to be our governing law any longer (with some exceptions to higher ranking officers and maybe senior enlisted), especially as we submit to some severely limited constitutional rights while we’re in. Such as the limits to free speech etc.
I’ve never personally known anyone who has ever been brought back for UCMJ adjudication. I’ve heard the stories, but never seen it myself.
Also when our contract ends the UCMJ is not supposed to be our governing law any longer (with some exceptions to higher ranking officers and maybe senior enlisted), especially as we submit to some severely limited constitutional rights while we’re in. Such as the limits to free speech etc.
I’ve never personally known anyone who has ever been brought back for UCMJ adjudication. I’ve heard the stories, but never seen it myself.
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SFC Robert Walton
Who Is Subject to the Provisions of the UMCJ?
The Uniform Military Code of Justice outlines offenses which can result in punishment by court-martial. Learn who is subject to its provisions.
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CPL Jeremy Glenn
MSgt Gilbert Jones
I see what you’re saying, but I’m 100% permanent and total. They’re not going to waste their time on people like me.
I see what you’re saying, but I’m 100% permanent and total. They’re not going to waste their time on people like me.
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CPL Jeremy Glenn
CPL Jeremy Glenn That and I’m not of the accepted political persuasion. I viyed for trump. They’d probably purge me from the ranks anyway
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MSgt Gilbert Jones
CPL Jeremy Glenn - I once worked with a Sgt that had been medically retired at 12 year point, but every couple of years he had to have a physical done. When he reached 17 years the board said he was fit to return to active duty to complete his 20 years.
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As far as I know you are not subject to the UCMJ once you retire your out of the military But check with a JAG officer to double check
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What I know. As long as a retiree is on the list and are able to be called back. Normally the first ten years after retirement then yes that person can be activated and tried under UCMJ however if the soldier in question is being persecuted by civilian authority, that would qualify as double jeopardy. That said the commission of a felony removes the soldier from the retirement list and they lose all benefits. Does it happen? Yes when the crime was committed on federal property and they have jurisdiction. Normally no they let the civil authorities handle the case and take action after the conviction but they could if they had the desire to do so.
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A retiree is a civilian and no longer subject to the UCMJ. Cafe committed a crime during their military service it's possible to still be tried under the UCMJ. But a person who has retired or been discharged is no longer subject to the UCMJ for the actions they may commit after they retire or discharged.
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IF you retired say in 2006 as an E-8 . In 2014 do to advances in DNA you are matched to a rape that occurred on the base you were at from 2002. You can be recalled to duty to face charges from an action that happened while you were on active duty in the US military. This also applies to murders you may have done on active duty.
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If the crime touches the time you were on active duty, the probability of being recalled increases.
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If the member is retired and he\she commits an act of a felony, no he\she can not face a court martial. However, if he\she is retired and commits an act of a felony on post, he\she will face federal charges, because he\she is no longer attached to the military under UCMJ rules, regulations or obligation. If it is found, the he\she committed acts of a felony, prior to retirement, then yes, he\she will be brought back, to stand trial for the actions committed.
James J. Grazioplene, 68, (U.S. Army Retired)
https://www.washingtonpost.com/world/national-security/in-rare-spectacle-army-court-martials-a-retired-general/2017/08/25/473fc440-89ac-11e7-a50f-e0d4e6ec070a_story.html
James J. Grazioplene, 68, (U.S. Army Retired)
https://www.washingtonpost.com/world/national-security/in-rare-spectacle-army-court-martials-a-retired-general/2017/08/25/473fc440-89ac-11e7-a50f-e0d4e6ec070a_story.html
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"YES."
Any service member, who commits a crime and he or she goes unnoticed until after they retire, can be charged and court martialed. I was the training specialist for the Operations Group at Ft. Irwin Ca. (NTC) and General Grazioplene was one of the commanders of Operations group, during my tour, at the NTC. General James J. Grazioplene, 68, was court Martialed after his retirement, the story explains...
https://www.washingtonpost.com/world/national-security/in-rare-spectacle-army-court-martials-a-retired-general/2017/08/25/473fc440-89ac-11e7-a50f-e0d4e6ec070a_story.html
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Any service member, who commits a crime and he or she goes unnoticed until after they retire, can be charged and court martialed. I was the training specialist for the Operations Group at Ft. Irwin Ca. (NTC) and General Grazioplene was one of the commanders of Operations group, during my tour, at the NTC. General James J. Grazioplene, 68, was court Martialed after his retirement, the story explains...
https://www.washingtonpost.com/world/national-security/in-rare-spectacle-army-court-martials-a-retired-general/2017/08/25/473fc440-89ac-11e7-a50f-e0d4e6ec070a_story.html
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The only way a retiree would be subject to the UCMJ, is if he had committed a crime, WHILE ON ACTIVE DUTY, and never charged. I am not sure what the statute of limitations are for these crimes, if any.
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SPC Chris Ison
1SG John Millan - That doesn't answer my question really. What does one do to qualify for this pay?
Okay I got it, it is a Navy thing:
https://va.org/retainer-vs-retired/
Okay I got it, it is a Navy thing:
https://va.org/retainer-vs-retired/
Military retirement pay differs from civilian retirement pay systems in that there’s no vesting, no matching funds, no interest, and no special accounts.
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During the Fat Albert investigation they brought a retired admiral or captain back on active duty to stand before a court martial board!
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