Are retirees subject to UCMJ?

Those receiving retired pay are subject to the UCMJ.

Former Master Sergeant Timothy Hennis was brought back to active duty and convicted on three counts of first degree murder. The murders occurred in the 1980s. Hennis was convicted and sentenced in a civilian court in North Carolina. Hennis appealed and received a new trial. The state lost the new trial. Hennis was returned to active duty and served until retirement in the mid 2000s. New evidence was found against Hennis and he was brought back to active duty and prosecuted under the UCMJ. He was sentenced to death and is now on death row at Leavenworth, KS.

I can think of one instance when a retiree was called back to active duty to face murder charges. He was convicted in military court because the murders happened during active duty. He was young when it the murders happened and he served with distinction after that, but he was still recalled.

Well if that is the case, I know of several commissioned officers that should be brought back and loose there commission due to political views they make in public, either by voice or on a social media platform.

"Retired members of a regular component of the armed forces who are entitled to pay are still subject to the UCMJ". Most of you have probably heard of the Timothy Hennis murder case. But I was thinking about stuff far less serious. For instance, a recent retiree sees an active duty senior NCO, Petty Officer, or Commissioned Officer at the exchange. The retiree makes an inappropriate remark to the senior member, who he got into it with before the retiree retired. The retiree may be thinking "What can they do to me now"? Would the senior man be able to "book" the retiree? I'm guessing the next higher up would shoot it down, as we all have seen that happen. But who knows? Thoughts?

Yes. It happens and it is NOT just. When one "retires", the cord should be cut. One spends a required term of years necessary to qualify for a pension. That should be IT!! People who do not retire are done with their service when their enlistment is up. What justifies the government to keep control of a retiree? The UCMJ should be revised. One should not be subject to the UCMJ after retiring from the service.

Of course, they are! You quoted Article 2 of the UCMJ. That should be all the proof you need. Were you in the military in America?

If it is a federal conviction you can.

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