Are retirees subject to UCMJ?

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.

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

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.

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.

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.

If the crime touches the time you were on active duty, the probability of being recalled increases.

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

"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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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.

During the Fat Albert investigation they brought a retired admiral or captain back on active duty to stand before a court martial board!