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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 9 y ago
Responses: 388
Yes it can! Guy was called back to active duty at Bragg and charged with murder
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Don't know about case law in this regard, but the plain wording of the UCMJ allows it. A convening authority would have to be able to articulate why any court action was appropriate. Probably the best thing for retirees to understand is that this is a possibility and, in exchange for accepting retirement pay, one accepts some level of ongoing obligation to the government.
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The answer to that is YES. When I retired from the Army in 2008, I received a briefing stating that even though I was going to be in a "retired" status. I was subject to the UCMJ.
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Yes if they are brought back on active duty. Several FOGO’s have returned to active duty for prosecution. Their punishments were deserved, not common but a well established precedent.
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If you committed a crime while on active duty you are subject to the UCMJ. If you retire or get off active duty and the statute of limitations hasn’t run, you can be brought back to face Court-Martial. The Army retains jurisdiction on the case because of when it happened and what the individual’s status was. The cases where this is most common is child abuse cases where the child grows up or reports the abuse years down the line after the person got out of the military. But this is also possible in a variety of other scenarios.
MAJ JAG
MAJ JAG
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Dear Ma'am/Sir:
I am a 17 yr Iraqi war combat Vet discharged on 03MAY13. While married, my husband was a contractor in Afghanistan. Three months prior to his coming home, he met a Nurse Commander who started an adulterous affair with my husband in OCTFY11 while in a combat zone. (She also was involved in having her boss relieved of duty for sexual harassment (He denied the accusation) , in a high profile case and lying under oath against him, as well as lying on and submitting government documents. She was even in her hometown news for this despicable Act.) She ended her orders in OCTFY11 and returned to San Jose, CA and continued to have an adulterous affair
nonetheless, with my husband in violation of Article 134. I found out her command and contacted the SJA for the San Jose area. The SJA (a woman) indicated that she would not file a report against the Nurse CMD because, "She had no authority over my husband, a contractor civilian". I told her anyone was entitled to file a report against a military member and that it was the SJA/Command's DUTY to investigate. The SJA declined to do so even after the adulterer continued the affair. I tried on several occasions to speak to the CO of the Command (a woman, but she would never accept my calls, nor return the countless messages I left. That Nurse Commander not only was a disgrace to the uniform I proudly wore, but was at the very least, unbecoming. In FY12, she came and stayed with my husband in Florida in one of our properties... We were still married (while I had other orders). When I came back, I demanded that she leave. She did not. In FY13, she demanded that my husband divorce me after our nearly 12 years of marriage, which he did in that same year... Money talks!
I have tried unsuccessfully to bring a report against this 0-4 (she doesn't deserve to be called a 'Commander') for having an adulterous affair... In a combat zone no less, to no avail. I recently found out she has retired. Since she receives retirement pay from the military, she is still governed by the UCMJ and I want to file a report and have her punished for such an egregious offense. Not to mention, I am sure that the Captain she had relieved of duty for alleged sexual harassment (during the same time she was committing adultery) is surreal. This was a very high-profile case and she lied and ruined this man's career with her lies. She, apparently, is like the Teflon Don in the military! Respectfully, I still believe she should have sanctions placed on her with all due respect! Thank you, in advance, for your time and consideration. I look forward to your response.
Respectfully,
Brenda D.
I am a 17 yr Iraqi war combat Vet discharged on 03MAY13. While married, my husband was a contractor in Afghanistan. Three months prior to his coming home, he met a Nurse Commander who started an adulterous affair with my husband in OCTFY11 while in a combat zone. (She also was involved in having her boss relieved of duty for sexual harassment (He denied the accusation) , in a high profile case and lying under oath against him, as well as lying on and submitting government documents. She was even in her hometown news for this despicable Act.) She ended her orders in OCTFY11 and returned to San Jose, CA and continued to have an adulterous affair
nonetheless, with my husband in violation of Article 134. I found out her command and contacted the SJA for the San Jose area. The SJA (a woman) indicated that she would not file a report against the Nurse CMD because, "She had no authority over my husband, a contractor civilian". I told her anyone was entitled to file a report against a military member and that it was the SJA/Command's DUTY to investigate. The SJA declined to do so even after the adulterer continued the affair. I tried on several occasions to speak to the CO of the Command (a woman, but she would never accept my calls, nor return the countless messages I left. That Nurse Commander not only was a disgrace to the uniform I proudly wore, but was at the very least, unbecoming. In FY12, she came and stayed with my husband in Florida in one of our properties... We were still married (while I had other orders). When I came back, I demanded that she leave. She did not. In FY13, she demanded that my husband divorce me after our nearly 12 years of marriage, which he did in that same year... Money talks!
I have tried unsuccessfully to bring a report against this 0-4 (she doesn't deserve to be called a 'Commander') for having an adulterous affair... In a combat zone no less, to no avail. I recently found out she has retired. Since she receives retirement pay from the military, she is still governed by the UCMJ and I want to file a report and have her punished for such an egregious offense. Not to mention, I am sure that the Captain she had relieved of duty for alleged sexual harassment (during the same time she was committing adultery) is surreal. This was a very high-profile case and she lied and ruined this man's career with her lies. She, apparently, is like the Teflon Don in the military! Respectfully, I still believe she should have sanctions placed on her with all due respect! Thank you, in advance, for your time and consideration. I look forward to your response.
Respectfully,
Brenda D.
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Here is the thing, if the retiree is on base and let say he gets a speeding ticket on base, that person is subject to UCMJ. However, they cannot take pay or rank (best to my understanding and I know I will be corrected). Now, let say that same person gets a speeding ticket off base, the answer is simple, no he is not subject to UCMJ. Here is another one, if that person committed murder while on active duty and is now retired, he would be considered UCMJ action because it happened when he was active. Now lets say that it happened after he retired, UCMJ could happened but the Military would let the civil authorities to handle it. All is what I had stated is my own opinion. I am not a lawyer nor do I have a law degree.
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