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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
Retired
Retirement
UCMJ
JAG
Posted >1 y ago
Responses: 384
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I think most everyone has already answered the question, and the general consensus is "YES".
I don't think, however that the military would generally be interested in non-serious crimes, such as simple misdemeanors, one item i did not see mentioned were crimes against the Government such as spying, espionage, treason, or other conduct that would bring discredit to the Government or to the Branch of Service in question. I'm not a lawyer, although I also retired as a law enforcement officer, it only makes sense that the military's UCMJ actions would be imposed on the above mentioned type of crimes. That's my rant.
I don't think, however that the military would generally be interested in non-serious crimes, such as simple misdemeanors, one item i did not see mentioned were crimes against the Government such as spying, espionage, treason, or other conduct that would bring discredit to the Government or to the Branch of Service in question. I'm not a lawyer, although I also retired as a law enforcement officer, it only makes sense that the military's UCMJ actions would be imposed on the above mentioned type of crimes. That's my rant.
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1SG (Join to see)
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.
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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New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed
An opinion from the Navy-Marine Corps Court of Criminal Appeals says court-martialing military retirees is unconstitutional.
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I knew retirees could be brought back to duty for extreme legal reasons, rape etc... I have no dog in this fight, otherthan overseeing a few court proceedings. However, as a Senior Leader charged company/battalion/brigade or higher count the 15-6's you've oversaw, there's a lot of soldiers in prison after getting out and charges been made afterwards. Most deserved IMHO.
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1SG (Join to see)
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.
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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MSgt Gilbert Jones
If the member is retired and commits a civilian crime and it has nothing to do with the military they can't be charged by the military, only in a civilian court. If the crime is committed on a military base that may be a different story.
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I believe so. I also had read something on a VA page that stated that service connected Veterans can be recalled in a state of emergency. idk if that is true or not.
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1SG (Join to see)
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.
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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MSgt Gilbert Jones
Once a military person has completed their total 30 years of both active and inactive service they go to the bottom of the pile to be recalled - unless they have a special MOS/AFSC that is needed. I can't see being recalled at my age, the military would really be in bad shape.
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They can be brought back on active duty to be punished under UCMJ for an offense that was committed prior to retirement. Once retired they cannot be punished under UCMJ for something they committed after retirement, common sense! Jeeze
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1SG (Join to see)
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.
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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You betcha! Agreement for retirement. Tricare as well in cases of negligence can refuse coverage ie not wearing seatbelts in an accident.
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1SG (Join to see)
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.
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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1SG (Join to see)
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.
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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If you did something illegal while in the service, you can only be brought back for court-martial if you did something illegal to get an honorable discharge. Supreme Court affirmed this in 1955. Airman arrested five months after discharge, charged with conspiracy to commit murder while assigned in Korea. Under Art3a UCMJ, he was brought to Korea for a court-martial and convicted. Attorney appealed on grounds UCMJ didn't apply because airman was no longer in military. DC appeals court overturned the conviction, military petitioned Supreme Court for an appeal. Supreme Court upheld.
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1SG (Join to see)
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.
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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MSgt Gilbert Jones
Under the old draft, we had a five year commitment to complete before you were complete before your obligation was over. As a retired member we have a total of thirty years before we have completed our full obligation. What they could do was reactivate your time and recall you anytime before that 30 years was up, then they have you.
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Super rare. The only case I know of is a retiree in Iwakuni Japan allegedly committed a heinous sex crime. Besides facing the Japanese judicial system he was reactivated for a court martial & booted out with a dishonorable discharge. Then transferred to Japanese custody.
https://www.military.com/daily-news/2019/02/22/supreme-court-retirees-can-be-court-martialed-crimes-committed-after-service.html
https://www.military.com/daily-news/2019/02/22/supreme-court-retirees-can-be-court-martialed-crimes-committed-after-service.html
Supreme Court: Retirees Can Be Court-Martialed for Crimes Committed After Service
In denying a recent petition, the U.S. Supreme Court preserves UCMJ jurisdiction for retirees.
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1SG (Join to see)
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.
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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Yes, retirees are subject to the UCMJ. However, most of the time crimes are referred to the state or federal government rather than the UCMJ.
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1SG (Join to see)
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.
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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