Are retirees subject to UCMJ?

If I am not mistaken it has to be for a violation of the UCMJ that occurred prior to them retiring from service and it being found out after they are in a retiree status.

One simple word..... YES.... A retiree can be recalled at any time by the Secretary of their branch of service and by the Secretary of Defense, to active duty for the purposes specific to the UCMJ.... I have been informed by a JAG friend of mine that the article of the UCMJ being referenced must have occurred while on Active or called up Reserve duty. JP

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.