Is a person (other then retired Military) that separated from the military still subject to the UCMJ if they receive VA compensation?

2019-06-02T23:38:25-04:00

Response by LTC Jason Mackay made Jun 2 at 2019 11:48 PM

2019-06-02T23:48:59-04:00

If you did something serious enough connected to your military service, that there was no other way, they'd return you to Active Duty for Court Martial. The Supreme Court has recently upheld this recently. The VA Compensation could be a leveraged. According to this website and US vs Stephenson.

https://www.ucmjdefense.com/resources/jurisdiction-and-competence-of-court-martial/jurisdiction-over-the-offense.html

If any of this looks like, smells, like, tastes like your situation, call an attorney. RP is not legal advice.

There are other murder cases in the last 20 years where the accused allegedly committed the crime when they were subject to UCMJ and subsequently recalled the individual to active duty to stand trial. I just can't find the exact cases. So it is possible.

The MEJA is also relatively new where if you committed a crime in a war zone and subsequently were discharged, they could also leverage the MEJA. They did that with a soldier named Green that was charged with rape in Iraq. His squad mates convicted by CM.

jurisdiction-over-the-offense.html

Response by 1SG Private RallyPoint Member made Jun 3 at 2019 12:28 AM

2019-06-03T00:28:02-04:00

No.
However, if the statute of limitations is not up, it is possible to be recalled to active duty for something that happened while on active duty.
VA Compensation status has nothing to do with it.
However, if convicted by Court-Marshall, chances are good that the ensuing bad conduct discharge would cause the VA Compensation to be rescinded and collected back.

Response by MSG John Duchesneau made Jun 3 at 2019 12:39 AM

2019-06-03T00:39:03-04:00

No. When you are out - you are out. VA compensation does not revert you to any military status.