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
A1C Stanley Kolakowski
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When I was separating (not even retiring), I was told that ALL "prior service" personnel are forever bound by the UCMJ. However:
1. It costs a lot to send someone through Military Justice. The Services are generally content to allow civilian justice to do it's thing if it's a military/civilian crossover - unless the "benefits" of trying the member under the UCMJ are greater than these costs.
2. A lot no longer applies. No "official" duties to be in dereliction of. No "formal" chain of command. A lot harder to bring discredit to the Service when it's known that you no longer serve. Also, how do you get an Art. 15 once out? Military can't tell civvy job to "restrict pay", "restriction to quarters", extra duties, etc.
3. Any act that directly impacts Military Readiness - Treason, Espionage (release of Classified Information), etc. is a nigh-guaranteed knock on the door and "full reinstatement" so they can throw the book at you.
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Cpl Eric Day
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Edited 4 y ago
Yes, death before dishonor. you getting paid your going to play mother fucker. I do not know what you thought you signed up for. Im about to haze the shit out of you leave me.
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SSG Shawn Mcfadden
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The answer to that question is yes. The only example I can give on this subject was that back in 2014, the ship's purser on the USNS Arctic was caught embezzling money from the ship. He was also retired military. Because of that crime, he forfeited his pay, and has been incarcerated.
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SSgt Security Forces
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I’ve always been told you are subject to ucmj when drawing pay. I do believe that to be true.
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SSgt Security Forces
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Guess I basically regurgitated what y’all have already said.
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SSgt Rhonda James
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Uhh! Yeah! Unfortunately the term G.I was penned for a reason. Once enlisted, you are Government Issue and thererfore (PROPERTY!) And IF you STILL get a check every month, yup ya bests t believe yaigttlm
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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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CAPT Medical Service Corps Officer
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CPT Jessica Thomas
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This sucks I didn’t know anything like this wow that is crazy
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CPL Joseph Elinger
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The following is "pretty much" *universal:
In as much as ALL Veterans (who swore in) are potentially subject to recall for duties (rare as this may be).
In so, ALL Veterans are potentially subject to UCMJ in ANY cases * "specifically" involving The Armed Forces ie / ex secrets, security, etc.
Segway / Trivia: The US is still in a state of armistice (not peace) with North Korea ie
We have mutually remained in a "cold" state of war with them since the conflict / war initiated. As such, laws & penalties for both Armed Forces & civilians for wartime Treason are still able to be enforced.
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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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LTC Hardware Test Engineer
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unless it's something serious, the military isn't going to pull anyone back onto duty to prosecute them. They prefer to let civilian LEO handle it.
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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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