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Does our Oath ever expire? Our we still held to it after the military? What if an amendment were added to removed from the Constitution? Would you be required to uphold your original oath? I don't forsee this happening any time soon. It's just 3 am and I can't sleep.....
Constitution
Loyalty
Oath Keepers
Posted 10 y ago
Responses: 50
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TSgt William Kaelber
False..... You can still be Court's Martialed under the UCMJ -- AFTER you retire
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Whether it would be required or not, I don't think many of us would have an issue with upholding that oath... In fact, some of us are still here... waiting... patiently... ;)
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The Oath never expires by there are clauses which are no longer applicable.
Enlisted
"I, (state name of enlistee), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
Officer
"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
Now, the opening clause is the same: ""I, (state name of enlistee), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same;" and that is the most important piece. This never expires.
The closing statements vary, and there is historical reasons for it. But for the Enlisted once our Contract (MSO) is expired, we are neither subject to Orders nor the UCMJ, therefor that section is moot. For Officers, "freely, without any mental reservation or purpose of evasion" is essential in the verbiage. Were the Constitution changed in such a fashion that it would trigger this clause...
Enlisted
"I, (state name of enlistee), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
Officer
"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
Now, the opening clause is the same: ""I, (state name of enlistee), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same;" and that is the most important piece. This never expires.
The closing statements vary, and there is historical reasons for it. But for the Enlisted once our Contract (MSO) is expired, we are neither subject to Orders nor the UCMJ, therefor that section is moot. For Officers, "freely, without any mental reservation or purpose of evasion" is essential in the verbiage. Were the Constitution changed in such a fashion that it would trigger this clause...
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Sgt John Dolan
The oath expires once our contract is finished, period. If it didn’t you wouldn’t have to swear to it again upon reenlistment. I’ve been a civilian since 1970 and I’ve never been under any obligation to keep that expired oath and nothing can be done to me for not adhering to it. Get hip and get a grip on reality.
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SSG Paul Headlee
This information was probably made public subsequent to the date of your post. I included the link as I thought you might find it interesting. When I retired I was told that should I be convicted of a felony, my retired pay would end. This guy was not only convicted of a felony, it was by Court Martial. He wound up doing 10 months confinement and the Supreme Court declined to hear his appeal. MSO satisfied or not, we are subject to the UCMJ. How subject? I don't want to find out. https://www.militarytimes.com/news/your-military/2019/02/25/military-retirees-can-still-be-court-martialed-supreme-court-affirms/
Military retirees can still be court-martialed, Supreme Court affirms
The decision leaves the possibility open for retirees implicated in high-profile scandals to face punishment, to include sailors involved in the Navy’s “Fat Leonard” scandal and retired Gen. David Petraeus’ affair with his biographer.
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I wish others in office took there oath as important as we Vets do. Namely Congress and the President. They seem to break theirs daily. Want to see a real Oath. Take a look at what the Tomb Guards swear and for long it lasts. Here is a little known fact and IF they do this then I would say our Oath never expires....
The Tomb Guard Identification Badge is the only badge awarded by the United States Army that can be revoked after a soldier has left the military. The Regimental Commander of the 3rd U.S. Infantry Regiment has the authority to revoke a Badge from any Guard (past or present) for any act that would bring discredit upon the Tomb of the Unknowns.
When one becomes a Tomb Guard, one takes an oath not to drink alcohol in public nor swear in public for the rest of one's life. I assume these would be a couple of the circumstances for having the badge revoked. These soldiers do amaze me.
The Tomb Guard Identification Badge is the only badge awarded by the United States Army that can be revoked after a soldier has left the military. The Regimental Commander of the 3rd U.S. Infantry Regiment has the authority to revoke a Badge from any Guard (past or present) for any act that would bring discredit upon the Tomb of the Unknowns.
When one becomes a Tomb Guard, one takes an oath not to drink alcohol in public nor swear in public for the rest of one's life. I assume these would be a couple of the circumstances for having the badge revoked. These soldiers do amaze me.
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As for further amendments, the oath is to the constitution, not to the constitution as of a specific date. It changes and will continue to change. It's supposed to. Amendments exist to keep it relevant to the world in which it exists..
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Cpl (Join to see)
The Constitution only changes through the amendment process. Case law is not Constitutional law. If you want it to change, lobby for amendments. Activists judges who are appointed (key word here) are not the peoples' elected representatives. The oath is to the US Constitution, not a person or party.
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We answered the call, and I'll be damned if I hang up. Its much bigger than we, and this we'll defend.
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SGT Larry Prentice
As a 20 year guy, the answer is simple. NO it does not, at least for me. As the son of Nam Vet this was instilled in me early on. Others may feel differently and that is their choice I suppose.
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Sgt John Dolan
As a Nam Vet the correct answer is, yes it does. You being a lifer should understand this since every time you reenlisted you had to swear that oath again so it should be obvious that it ends when your contract is finished. If you want to pretend you still fall under the UCMJ please feel free to but my time and oath ended when my contract did.
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Cpl Dave D Marine, my original oath to our Corps is still valid from 1983 and my most recent oath (Indefinite re-enlistment) even through retirement will bind me to our great Republic until my death. Many things may change, my loyalty and devotion to Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen; moreover, our Country will not!
Semper Fidelis seems an appropriate salutation,
Semper Fidelis seems an appropriate salutation,
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I remember taking the Oath back in Nov.1965 then when my enlistment ended in Nov 1968 I was no longer legally bound to honor those words,but alas being a stubborn old fart and an extremely slow learner I held on to the belief those words uttered by a somewhat naive ,untested nineteen year old still ring true and have merit,so for me it hasn’t expired.
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Until God has spoken to you personally telling you you've done all you can on this earth, you are still a member of the military. You still have a duty to those behind you, to guide them, and to see that they don't make the mistakes we did. For me God, hasn't spoken to me about coming home. So it's not my time yet. Until then, I'll run my suck to anyone that will listen so I can help them NOT do the same dumb stuff I did when I was in the Army. It was done to me and I didn't listen fully. I know better now, and the work isn't over and the Oath and NCO Creed is still in effect.
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