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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
Posted >1 y ago
Responses: 384
Yes, however I understand retired Reserve component members drawing pay or not are not subject to the UCMJ unless they are recalled to active duty. That distinction does seem a little bit strange considering that retired reserve members have the same benefits and even the same title once on pay status.. I can sign my name as LTC (RET) USA just as an active retired Soldier can.
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Many people are not aware that when you finish your service on active duty and if you have served long enough to receive retirement pay it is actually retainer pay that’s why we all are still subject to UCMJ Punishment.
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Having been a Security Policeman and read the UCMJ, it has been my understanding that yes military retirees are still subject to the UCMJ as long as they are receiving pay from the government. I did not see any distinction between minor or major offenses for being punished under the UCMJ, but I think it common sense that if you commit a felony on or off a military installation, you can be brought back to be prosecuted under the UCMJ.
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Yes. They've brought people back onto active duty for trial before and can do so in the future. Occasionaly, a technicality means that a suspect can't be prosecuted by local law and the feds don't have jurisdiction, so they do this. It has to be egregious and usually is something that reflects extremely poorly on the service.
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On this line with retirees with pay can they be recalled to active duty if needed?
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So I am just thinking out loud here. So retirement gives us ID cards. Base privileges. Paycheck. So I am thing without knowing for sure. That it would come with the retirement. As we are probably expected to live by the 7 army values we were expected to live by while in. Just thinking like I said I have no knowledge as to weather it’s true. But I would expect it to be.
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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.
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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