Are retirees subject to UCMJ?

This U.S. Air Force Retiree Master Sergeant expects to be subject to the UCMJ every time I'm on a DOD Installation or Aircraft. Otherwise, when I'm not engaged with any DOD component I am not subject to the UCMJ.

I WAS NEVER TOLD THAT

OBTW, I believe the same can apply to deserters.

If I remember correctly, in legal officer school they use the example of a declared deserter who was picked up 14 years later on a traffic stop. In those 14 years he had never had any other interaction with the law. He was arrested and the Navy brought him back to be Court Martialed for desertion (I don't remember what level of Court Martial). That particular example went a different direction though, when during the course of the Court Martial he was asked why he deserted from boot camp. His reply was along the lines of "My drill instructor told me I was too stupid to live and that I should just go home, so I did." That was after he scored a 14 on the ASVAB. This was a shock, and the JAG was upset that neither the prosecution or defense had asked that question before the actual Court Martial. He found that the defendant had ben in his legally appointed place of duty for the past 14 years, and had not been paid...

This is a story told to squadron Legal Officers to make a point of trying to know all the facts and motivations before standing in front of a JAG / Judge as either the prosecution or defense. I don't know if this story is actually true, can anybody elaborate?

They can't make you walk that straight line...but they can make you wish you did, lol.

Yes! If your found liable/guilty or even found innocent in a Civilian Criminal Trial then the Military Courts can pick up on it and trie you again and Double Jeopardy does not apply because the venue changes. Either way you lose all government benefits if convicted that you work so hard to receive is gone until you serve your time and then will be reinstated. Oh! no back pay or pay increases will be added. If you was getting $1.00 when you lost it. You will resume the $1.00 payment.

wow, didn't know. Good question

Thank god my blast injuries were ignored and i have 100% via the va and no retirement pay from the armed forces! Its like being a military brat again lol

Yes, you can be recalled to active duty specifically for crimes you would have committed when you were on active duty. Some cases might include homicides that take years to uncover, or child abuse or rapes or sexual assaults or war crimes that come up at a later time. Anyone can be tried for homicide whenever it is discovered. I think it’s the same with war crimes when ever they are disclosed. Child abuse and sexual assaults have a limitation of up to 5 yrs from the date the victim discloses. A retired two star US Army General was just brought back onto active duty after already being tried for sexual abuse of his daughter and retired because more recent additional incidences of him sexually abusing his daughter that still had a time line were brought to the attention of civilian prosecutors. The conclusion of his case was he would admit guilt to sexually abusing his daughter while on active duty in return for not going to jail. I am aware of enlisted being brought back on active duty for charges of desertion, at a couple of my assignments. Likely officers too during or following the Vietnam War. Most military prosecutors don’t want to bring officers or enlisted back onto active duty for offenses.

Hello Sir,
I respectfully disagree with the notion that retired personnel could face UCMJ:
1. Going through due process the retirees would be expensive (housing for court date), (food and clothing etc.,)and military professionals would not have the time nor manpower to do this.
2. Who would have Article 15 authority over retirees?
3. So I read para 4. Retired members of a regular component of the armed forces who are entitled to pay. Entitled to pay from the US Army most retirees aren’t paid from the US Army maybe Department of the Army Civilians are. Just my opinion the civilian law enforcement much better equipped to handle us lazy retirees.

Yes it can! Guy was called back to active duty at Bragg and charged with murder