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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
Kinda funny for us Retired Reservists. We're subject if hospitalized by an armed force. The usual of bringing you back for a crime committed while on duty still applies. Other than that, I don't see any other what fors or by fors. VA isn't an armed force but they can send to you a military hospital where you would be subject to UCMJ.
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LTC Yinon Weiss, you might find this "Military Law Review" article informative:
[NEW URL]:
https://tjaglcspublic.army.mil/documents/27431/1450568/2003-Spring-Davidson-Court-Martial+Jurisdiction+Over+Retirees.pdf/9bc9c380-c79d-454c-830c-c90b14a0b5f2?version=1.0&download=true
[obsolete URL]:
https://www.jagcnet.army.mil/DOCLIBS/MILITARYLAWREVIEW.NSF/0/47c2b664085060fc85256e5b00576e6e/$FILE/Volume175Davidson.pdf
[NEW URL]:
https://tjaglcspublic.army.mil/documents/27431/1450568/2003-Spring-Davidson-Court-Martial+Jurisdiction+Over+Retirees.pdf/9bc9c380-c79d-454c-830c-c90b14a0b5f2?version=1.0&download=true
[obsolete URL]:
https://www.jagcnet.army.mil/DOCLIBS/MILITARYLAWREVIEW.NSF/0/47c2b664085060fc85256e5b00576e6e/$FILE/Volume175Davidson.pdf
9bc9c380-c79d-454c-830c-c90b14a0b5f2
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From what I've heard only in rare circumstances such as you're a patient at a military hospital and you piss hot.
I would love to hear the straight skinny from a JAG type though.
I would love to hear the straight skinny from a JAG type though.
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This is something that would require an attorney consultation as it varies not only by service branch, but by the number of years involved nd by the way in which you retired, i.e. from active duty or from a reserve status. The Navy and Marine Corps follow different requirements than does the Army, Air Force, and Coast Guard in terms of service time required and what status to become part of. As a basic understanding that I have found, if you retired from active duty status with more than 20 years, you are subject to the UCMJ for life. If you retired form active duty with less than 20 years you may not be subject to it. If you retired from a reservist status, with 20 years, or with less than 20 years you are not subject to it. If you were in the Navy or Marine Corps, and you retired with more than 20 years, but less than 30 years, (which seems to be their requirement for full retirement), you are moved to what they call the Fleet Reserve, for Navy, and Fleet Marine Reserve, for Marines, and therein can be called back to active duty and that would make you subject to the UCMJ. Now you are starting to see the confusing nature of this issue. I personally retired from reserve status with 34 years of credit, so I am not subject to it. But, as I said from the start, consult an attorney familiar with military law to be sure. If I am incorrect with any of this fell free to offer corrections, as I am interested in this matter and am still looking into it.
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All retirees receiving pay are subject to recall and trial under the UCMJ
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Yes, we can be tried under the UCMJ. The only purpose would be to strip us of our retired rank and take away our pension. A person who collects a pension from the Military is never truly retired. We can be recalled at any time. For whatever rreason the govt. so chooses.
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There is a difference between “regular army” RA, and “army of the United States” AUS. I think the UCMJ can be applied to retired RA personnel and not so much AUS personnel. I’m sure I don’t know everything about this subject — maybe lawyer can weigh in on this.
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I mentioned on Facebook once that I wanted to try CBD and instantly got this email from Humana. I’ve been retired for many years now too. Please see pic
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