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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
Retired
Retirement
UCMJ
JAG
Posted >1 y ago
Responses: 384
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I don't know but as I said earlier any retired military personnel are subject to the UCMJ. If you did a felony crime I would hope so. But then again innocent until proven guilty.
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My girlfriend has been sexually harassed and threatened at her work place by a prior service member that works with here and the company has completely ignored it is there and thing that I can do or that the military can assist with even though he is only prior service and not retired?
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SGT Chester Beedle
No. He's not military in any way at all anymore. Report him to HR. Sue him and the company if nothing is done. Report the threats to the police.
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My girlfriend has been sexually harassed and threatened at her work place by a prior service member that works with here and the company has completely ignored it is there and thing that I can do or that the military can assist with even though he is only prior service and not retired?
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LtCol William Bentley
If the prior service member is not a member of any component of the armed forces, whether one of the many categories of the reserve component, or a retired Regular Component, they are generally not subject to the UCMJ. They are simply a veteran, and are subject to the same laws and employer policies that all other civilians are subject to.
I think your question requires true legal advice, but if it were me there is always the possibility of quitting the job and thus avoiding the hostile work environment, or getting a court restraining order, or filing a police report, or talking to the owner/Board of Directors/VP of HR/Corporate/etc.
If the person is, indeed, a retired Regular or in the reserves, a discussion could be had with their Command, but without a specific military "nexus" that connects their misconduct with the military, actual UCMJ discipline is very unlikely. Administrative measures might still be available to a reserve commander, who would be typically unhappy to hear about one of their reservists doing stupid things (whether illegal or not) that MIGHT cast a bad shadow on the Service...
Good luck.
I think your question requires true legal advice, but if it were me there is always the possibility of quitting the job and thus avoiding the hostile work environment, or getting a court restraining order, or filing a police report, or talking to the owner/Board of Directors/VP of HR/Corporate/etc.
If the person is, indeed, a retired Regular or in the reserves, a discussion could be had with their Command, but without a specific military "nexus" that connects their misconduct with the military, actual UCMJ discipline is very unlikely. Administrative measures might still be available to a reserve commander, who would be typically unhappy to hear about one of their reservists doing stupid things (whether illegal or not) that MIGHT cast a bad shadow on the Service...
Good luck.
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I'm sure if it is serious enough, they would. While I was in, I detained retirees for DWI/DUI and shoplifting in the BX. The DWI/DUI got a ticket and could not drive on base for a year. Shoplifting got a ticket and BX privileges revoked. I personally think in most of the cases where a retiree was called back was due to them committing an offense while they were on active duty.
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You sure can be. However, in most cases, the Military authority has more important things to do and will generally leave charging and trying to civilian courts. It is my understanding that in order to permanently strip you of your retiree benefits though, a Courts Martial authority is the only way to take them.
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If a retiree violate military regulations, particularly on a military base, he/she can be prosecuted under the UCMJ. However I don't see a retiree being prosecuted in such a manner after retirement (if she/he lives in a civilian community). Gross violations (spying, sobotage, etc) might be exceptions. How about some of the military lawyers taking a crack at this?
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I can say specifically that offenses occurring on military exclusive jurisdiction involving retired member, no they are not typically charged under UCMJ. They are charged under local state or federal codes/statutes. I have never personally witnessed otherwise.
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Simple answer is, yes. https://www.law.cornell.edu/uscode/text/10/802
But like many things regarding law, especially military/federal law... it's complicated. The articles linked by fellow users below are good examples. It'd have to be serious and typically related to the military or occurring during military service.
But like many things regarding law, especially military/federal law... it's complicated. The articles linked by fellow users below are good examples. It'd have to be serious and typically related to the military or occurring during military service.
10 U.S. Code § 802 - Art. 2. Persons subject to this chapter
In clause (1), the words “Members of” are substituted for the words “All persons belonging to”. The words “all” and “the same” are omitted as surplusage. The word “when” is inserted after the word “dates”.
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Absolutely! But you would have to do something pretty harsh, or on a military installation for this to occur. Most of the time I think it would be for military-related offenses.
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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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