Are retirees subject to UCMJ?

I would believe that the question above should be Certainly NOT. Lets keep UCMJ on active duty where it belongs.

I was separated in October 1968 as a Sgt. E-5. I had served with the Army Security Agency (Radio Research in 'Nam) with a Top Secret clearance. I never signed any agreement, but I knew not to tell anyone what I was doing. After all; you don't want our adversaries to know anything. If I had gotten in trouble with law enforcement, I'm sure my military record would be available if they 'run a background check. Then, the FBI would probably monitor my situation.

Short answer is yes. Long answer is whether the violation brings the military in it. A felony charge will almost guarantee a “check in” from Uncle Sam. Misdemeanor depends on the case. I have yet to see or hear of an Article 134 against a retiree (the “catch-all” article).

You are places in the inactive reserves for 4 years if you separate from active duty after your first 4 years. (8 year commitment) if you have served 8 full years you are not even in the inactive reserves. Once you are no longer committed to the military, the UCMJ is meaningless.

They need to be brought back to active duty until Title 10, United States Code, to be subject to jurisdiction under the UCMJ.

Yes they can be subject to UCMJ(brought back on active duty temporarily) if they violated the UCMJ while they were on active duty and the statute of limitations for the alleged offense has not passed. They can Any misconduct they commit once they have exited the military will be adjudicated by civilian authorities.

Why is the UCMJ relevant to any situation that did not happen while someone was with in their commitment? There are laws in place to deal with that for everyone. This just seems like an over reach or a way to take an easier route on a weak case that would never make it in civilian courts.

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.