Are retirees subject to UCMJ?

The UCMJ provides for offences that address criminal offences and other articles to maintain good order and discipline within the military. When we retire, we are authorized to identify ourselves as retired from our respective branches, and this identification is often used to establish credibility or expertise in discussions where our experience lends such credibility. We are expected to use that privilege judiciously.
Our status as a retiree is generally common knowledge in the community in which we reside, thereby continuing our status as military, no matter if we advertise it or not. Any deviation we make from community norms may not be attributed to you by name, but often is attributed to you by identification as "that retired Marine Colonel" thus the UCMJ preserves the ability to punish individuals for conduct deleterious to the reputation of the DOD. Heinous criminal activity is one obvious situation where subjecting a retiree to charges under the UCMJ, but even more important thing the DOD must protect is our tradition and oath of allegiance to the Constitution and the fact that we will not be involved in any military effort to solve a political situation by use of military force. Arguably, this is a major factor that separates us from the "banana republics" where the civilian government depends upon its relationship with the military and former military to maintain its position. In this case, were a letter published by a group of retired Generals advocating the use of military force to change the person holding an elected office, I would expect an entirely different reaction from DOD than it takes in letters from the same group supporting the election of a specific individual. The fact that even a retired General officer's ability to generate a coup is almost impossible is not obvious to your average civilian
As others have said in this string, I feel no undue restrictions because of my exposure to the UCMJ as it merely demands I continue conduct which represented my priorities during my entire period of service.

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.