397
397
0
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
0
0
0
All are valid reasons to recall a retiree and slap the UCMJ against them; rape, murder and espionage. Every uniformed officer, past and present, has taken the Oath to uphold, and defend the laws. Breaking the law is a breach of Oath. I don't see the confusion.
(0)
(0)
0
0
0
0
0
0
Isn’t it a fact that there is no such term as retirement pay for a career military person??? I believe the “legal” terminology is “retainer pay”. If we career forks are retained and not retired we are merely in a non-active status and can be recalled to AD at the stroke of a Uncle Sams mighty pen. Remember that is why career persons are referred to as “lifers”. All of the above info was what I remember being taught from USAF basic training in 1963. Having been retired for 31 years I probably need to refresh my UCMJ knowledge.
(0)
(0)
MSgt Gilbert Jones
Again, enlisted military retirees have a total of 30 years before they have completed the military obligation to the government. It is different for officers!
(0)
(0)
0
0
0
Short answer is yes. Long answer is when I retired from the Army in 2008, I received a through brief on the matter.
(0)
(0)
0
0
0
In modern times, it is a means which allows investigative jurisdiction by the Army CID or CI, Air Force OSI, Navy NCIS, and Coast Guard CGIS or CGCIS to conduct investigations into retired servicemembers - especially for matters of National Security or where issues of major Public Safety is concerned... thus expediting any inquiry or investigative process that might be cumbersome by other federal, state or local agencies. In a sense - the military takes care of its own and defends the country at the same time, and if politics are left out of it, the Military Investigative Agencies have a much better record in clearing cases than other investigative agencies whether federal, state or local.
(0)
(0)
0
0
0
Retirees are subject to prosecution under the UCMJ but, it would have to be a very serious offense for the military to pursue it. They won't go after a retiree for a minor infraction. It has to be worth their time.
(0)
(0)
0
0
0
When I was an AF Brat in the 60's, I read an article in AF Times where a retired Warrant Officer was passing bad checks in the BX, and was brought back to Active Duty to face Disciplinary Action.
(0)
(0)
0
0
0
I don't think a retired Soldier will get UCMJ action for shop lifting at Wal-Mart. This would be up to a civilian court, but you never know.
(0)
(0)
0
0
0
i understand that if you have more than 30 yrs you cant be recalled which is what they have to do to court marshal you
(0)
(0)
0
0
0
The correct answer is YES as long as they receive retired pay they are subject to recall for UCMJ.
Now I have a sneaking suspicion that there is more to the question than we are reading here.
Recall for the purpose of punitive ART'S in most cases is the only time you will see this happen and for the most part will be something that happened during the Soldiers time in Service or some thing that reflects badly on the US Military under punitive ART'S. Uniform violations usually not that would be a nasty letter gram warning in most cases. There has been times that the Military has Recalled a Soldier back and punished them under UCMJ. One of the cases I know of was a Soldier who was Recalled and Court Martialed for Murder I do not have all the details of it. Hope this answers your Question.
Now I have a sneaking suspicion that there is more to the question than we are reading here.
Recall for the purpose of punitive ART'S in most cases is the only time you will see this happen and for the most part will be something that happened during the Soldiers time in Service or some thing that reflects badly on the US Military under punitive ART'S. Uniform violations usually not that would be a nasty letter gram warning in most cases. There has been times that the Military has Recalled a Soldier back and punished them under UCMJ. One of the cases I know of was a Soldier who was Recalled and Court Martialed for Murder I do not have all the details of it. Hope this answers your Question.
(0)
(0)
PO1 (Join to see)
Wrong. After 30 years you are officially retired (Navy/Marine Corps). You cannot be recalled to active duty for punishment under the UCMJ, period. Now, between 20-30 year mark you are considered Fleet Reserve/Fleet Marine Corps Reserve and COULD hypothetically be recalled, but highly unlikely.
(0)
(0)
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.
(0)
(0)
PO1 (Join to see)
Military News
New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed
A new legal opinion from the Navy-Marine Corps Court of Criminal Appeals says court-martialing military retirees is unconstitutional -- and the reason concerns the issue of retirement pay.
Chief Judge Navy Capt. James Crisfield delivered the opinion last week, joined by Senior Judges Navy Capt. Marcus Fulton and Marine Col. Jonathan Hitesman. The decision was made as a result of an appeal from retired Chief Petty Officer Stephen Begani, who was court-martialed after leaving the Navy on charges of attempted sexual abuse of a child.
Begani was picked up by Naval Criminal Investigative Service agents on Aug. 5, 2017, a little over a month after he left active duty and was transferred to the Fleet Reserve. He was arrested when he arrived at a residence at Marine Corps Air Station Iwakuni, Japan, where he was employed as a contractor. Begani had been communicating with someone who he believed to be a 15-year-old girl, but who was actually an undercover NCIS agent.
He was sentenced to 18 months confinement and a bad-conduct discharge.
Begani was court-martialed because of a federal law that leaves some troops subject to the Uniform Code of Military Justice long after they hang up the uniform. Marines and sailors who leave active duty after more than 20 years in uniform but less than 30 and who want to collect retiree pay move into the Fleet Reserve or Fleet Marine Corps Reserve.
There they receive what is essentially retainer pay and can be summoned back to active duty without their consent in the event of war or a national emergency. After 30 years of active or inactive service, retirees are then transferred to the Regular Retired List and they're no longer subject to the UCMJ.
None of this is true for retired reservists, though, which is why Crisfield argued in his written opinion that treating one group of retirees different than another is unconstitutional.
"Congress has determined that some, but not all, military retirees should remain subject to the Uniform Code of Military Justice (UCMJ) while they are retired," Crisfield wrote. "... Accordingly, the sections of the UCMJ subjecting regular component retirees to UCMJ jurisdiction are unconstitutional."
Zachary Spilman, a lawyer who specializes in military justice and the lead contributor to the military justice blog CAAFlog, where he first wrote about the decision, called the opinion "a bombshell."
New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed
A new legal opinion from the Navy-Marine Corps Court of Criminal Appeals says court-martialing military retirees is unconstitutional -- and the reason concerns the issue of retirement pay.
Chief Judge Navy Capt. James Crisfield delivered the opinion last week, joined by Senior Judges Navy Capt. Marcus Fulton and Marine Col. Jonathan Hitesman. The decision was made as a result of an appeal from retired Chief Petty Officer Stephen Begani, who was court-martialed after leaving the Navy on charges of attempted sexual abuse of a child.
Begani was picked up by Naval Criminal Investigative Service agents on Aug. 5, 2017, a little over a month after he left active duty and was transferred to the Fleet Reserve. He was arrested when he arrived at a residence at Marine Corps Air Station Iwakuni, Japan, where he was employed as a contractor. Begani had been communicating with someone who he believed to be a 15-year-old girl, but who was actually an undercover NCIS agent.
He was sentenced to 18 months confinement and a bad-conduct discharge.
Begani was court-martialed because of a federal law that leaves some troops subject to the Uniform Code of Military Justice long after they hang up the uniform. Marines and sailors who leave active duty after more than 20 years in uniform but less than 30 and who want to collect retiree pay move into the Fleet Reserve or Fleet Marine Corps Reserve.
There they receive what is essentially retainer pay and can be summoned back to active duty without their consent in the event of war or a national emergency. After 30 years of active or inactive service, retirees are then transferred to the Regular Retired List and they're no longer subject to the UCMJ.
None of this is true for retired reservists, though, which is why Crisfield argued in his written opinion that treating one group of retirees different than another is unconstitutional.
"Congress has determined that some, but not all, military retirees should remain subject to the Uniform Code of Military Justice (UCMJ) while they are retired," Crisfield wrote. "... Accordingly, the sections of the UCMJ subjecting regular component retirees to UCMJ jurisdiction are unconstitutional."
Zachary Spilman, a lawyer who specializes in military justice and the lead contributor to the military justice blog CAAFlog, where he first wrote about the decision, called the opinion "a bombshell."
(0)
(0)
SFC Robert Walton
The Marines and Navy are special then. The regulation applies to everyone else. You Win.
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google