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
Posted 9 y ago
Responses: 388
Yes....recall is not automatic and Civil DA must consent or defer. Normally only felony level, treason, espionage or directly involved with military people or property..... Pensions and pension rank rates are on the table
(0)
(0)
So the 50 lbs of cocaine i have stashed in my room for medicinal purposes could be a problem...I am joking its only 25 ibs...can the military force retirees to take a urinalysis test...what about the flip side if I am subject to ucmj then can I get legal counsel from the military for taking legal action against someone or a business...I retired in 2001 but I know there must be a couple of those black ball point pens somewhere in my house...better get rid of them...maybe all of us retirees should commit crimes then we will overwhelm the military legal system...I do agree murder, espionage and taking those black government pens are high crimes
(0)
(0)
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.
(0)
(0)
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.
(0)
(0)
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.
(0)
(0)
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.
(0)
(0)
On this line with retirees with pay can they be recalled to active duty if needed?
(0)
(0)
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.
(0)
(0)
Read This Next