Are retirees subject to UCMJ?

I see that this is a 4-year old question and there are over 400 comments, and as a recently retired military member, the wording that LTC Weiss presents makes sense. The phrase, “entitled to pay,” is what retired military receive. It’s “retired pay,” not a pension. We are all in the Retired Reserve and if the bottom of your DD214 says, “subject to recall by the Secretary of” you’re branch of service, then we can be recalled..., whenever.

Most of the issues are when the Retiree did something while on Active duty but it is not found out until after retirement they can be brought back to active duty and be dealt with and could result in the retirement being revolted and having to pay the army back.

As a retired USAF MSgt (E-7) I’m OK with this. Veterans really are different from the people we protected. Duty, Honor, Country.

Short answer... Yes.

Usually reserved for criminal action during time in service.

I did hear of someone that was attempted to be brought back for things they said on social media for violation of social media guidelines, but that ended up going nowhere from what I understand.

But yeah, you can be recalled to active duty even after retirement.

As Col Charles Williams mentioned, the likelihood of someone retired from the US Armed Forces being returned to active duty to face a court-martial is, while possible, slight. Much of it depends on the infraction. Usually it would be something involving national security. The Walker Brothers spy ring is a good example. One was a LCDR and the other was a CWO4, and a third guy-not a brother- was a CPO, Jerry something as I recall. "Johnny Red"s son Michael was on active duty-he was on the Nimitz when they pulled him off at Haifa(one of my LPOs was on the Nimitz at the time , and said they told the Marines to stand clear as they were taking him off-as the sailors were trying to brain him with dogging wrenches!!), and unless he has been released, is still in the Federal Lock-up. The two brothers died in jail. I honestly don't recall if they were returned to active duty or tried in Federal court. I recall something similar during Vietnam of a retiree returned to active duty for espionage-Army guy- but I don't recall the details(about 1968)

Yes all retirees are subject to UCMJ just because you are retired you can not get away from UCMJ it stays for life .

Yes, i had a NCO disabled retired from the USCG while i was a yeoman, and he was brought up on charges for shop lifting at the Coast Guard Package store in Cape May NJ in the late 70's

It is true. As a Navy Master at Arms (Retired), I have seen retirees brought back to uniform for Courts Martial twice, both were very serious events. It is possible, but unlikely... in many cases the SJAG usually defers to the civilian courts. The Assimilative Crimes Act is how this is made possible in some cases.

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

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