Posted on Jun 23, 2015
LTC Yinon Weiss
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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
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Responses: 388
CW4 Military Personnel Technician
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They can be IF the offense in question occurred while you were on duty. Oh and you can also be reactivated if you are a witness to a crime, if you have testimony pertinent to the case. Officers can be reactivated at any time for ANY reason after retirement up to age 60.

There's a lot of ways you can be pulled back in. All part and parcel of signing on the dotted line. I even had to explain to soldiers in April of 2011 that if they didn't receive their full pay, they still had to do their jobs. Told them to look at the reenlistment paperwork - your paid pretty much when the government can do it.
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PVT Paul Vary
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Any retired or otherwise former military members should be subject to the UCMJ; it also depends what MOS the serviceperson has. That would be true of me, as I was a 16E10; Hawk Fire Control crewman, I could be brought back in to the service and court-martialed for revealing info related to the missile system.
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CWO4 Tim Hecht
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The following is fairly close to what I've always been told; one either the recall is to face charges for something they committed while on active duty or as a retiree, committed some act that brings discredit to the military. Generally the military will toss it up to the U.S. Attorney - if they won't prosecute and the charges are serious enough the the service will call the member. On a sad note - unless its a high visibility case the US Attorney General will blow it off.

"Did You Know? Retired Soldiers and the Uniform Code of Military Justice

WASHINGTON — Have you ever heard a retired Soldier say, “They can’t touch me now; I’ve retired.”? Fortunately, for the sake of military justice, this is not true when it comes to retired Soldiers who violated the Uniform Code of Military Justice (UCMJ) while they were on active duty or in a retired status.

Under Article 2 of the UCMJ, the Army maintains court-martial jurisdiction over retired personnel. Army Regulation 27-10, Military Justice, states “Retired members of a regular component of the Armed Forces who are entitled to pay are subject to the provisions of the UCMJ . . . and may be tried by court-martial for violations of the UCMJ that occurred while they were on active duty or while in a retired status.” Department of the Army policy, however, does limit these trials to cases where extraordinary circumstances are present. The Army normally declines to prosecute retired Soldiers unless their crimes have clear ties to the military, or are clearly service discrediting. If necessary to facilitate courts-martial action, retired Soldiers may be ordered to active duty.

The regulation adds that “Retired Reserve Component Soldiers are subject to recall to active duty for the investigation of UCMJ offenses they are alleged to have committed while in a Title 10 duty status, for trial by court-martial, or for proceedings under UCMJ, Article 15.” Forfeitures imposed under the UCMJ, Article 15 may even be applied against a Soldier’s retired pay."
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CPO Bill Penrod
CPO Bill Penrod
7 y
Not sure of the process of bringing someone that retired in 1988 back on active duty for court marshal. I guessing they would have to do a complete physical then they would have to treat all the aliments of a sixty seven year old. Then the VA would be responsible for all the aliments treated/listed on SF 89. So no they won't bring many of us back...............................
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COL Brian Shea
COL Brian Shea
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So it seems for RC retirees, as long as the alleged act did not occur while they were in Title 10 status (active duty), they cannot be recalled. Nor can they be recalled for things they allegedly due while in retiree status, unlike the AC.
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CW4 Angel C.
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To a degree yes we are still subject to military law; however, this doesn't mean that one can get an article 15 or have to follow orders from an active duty or retiree superior in rank. I think the rule of thumb is if it can get you to prison then it's a possibility. And no I've never heard of it.
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1SG Larry Taggart
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Retirees are subject to UCMJ under article 2.
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Capt Retired
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I want to see the comments on this.
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MSG Sitting
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Yes... as a retiree one can be recalled to active duty and court martialed.
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1SG Infantryman
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9 Aug 2019
Military.com | By Gina Harkins
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.
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MSG Sitting
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Well, I am looking at the latest, dated January 2020, Says that it is constitutional, if you have something newer, please show us, and here's what it says: https://www.military.com/daily-news/2020/01/29/military-retirees-can-be-court-martialed-after-all-appeals-court-decides.html
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SGT Richmond Bert
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If for some reason we can be called back to active duty, then we can still be charged for crimes under the UCMJ, that is the bottomline here
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SSgt Carrie Foster Campbell
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LTC Explosive Ordnance Disposal Officer
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