Posted on Jan 12, 2021
Is there anything the USMC can do to the man carrying the MC flag to indicate that that was an inappropriate conduct or use of the MC colors?
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On the news, I saw someone with a Marine Corps flag at the insurrection at the Capitol. I know that the Ret AF Col that participated would likely have his pension revoked as punishment. But assuming the flagbearer was a Marine that did his 4 and got out, then completed the reserve requirement and isn't getting any disability payments; is there anything the USMC can do to him to indicate that that was an inappropriate conduct or use of the MC colors?
Posted in these groups: 
UCMJ
UCMJ
Posted 4 y ago
Responses: 8
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That retired AF Colonel likely won't have his pension revoked since he's retired Reserve and they can't call him back up for UCMJ.
If that Marine is not an active duty retiree, no they can't do anything to him.
If that Marine is not an active duty retiree, no they can't do anything to him.
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SGT (Join to see)
SSG Nathan S. - That is for a Court martial not revoking retirement benefits and the VA and SS can do their own thing.
Any Post privileges can be revoked at the discretion of the AF if they so choose. His ID card could be pulled. I'm quite sure there are other actions they can take without a Court Martial.
If you receive retirement pay you are still maintaining a link to military service so based on that they could go after him if they wanted to.
Any Post privileges can be revoked at the discretion of the AF if they so choose. His ID card could be pulled. I'm quite sure there are other actions they can take without a Court Martial.
If you receive retirement pay you are still maintaining a link to military service so based on that they could go after him if they wanted to.
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PO1 Rudy Lopez
Generally speaking, Captain Prickett is correct on the law. There are some other narrow/technical issues that could change the dynamics a bit. I researched this topic during my LL.M thesis.
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SFC Kelly Fuerhoff
SGT (Join to see) - See Capt Gregory Pickett's response that he tagged you in.
Again, as repeatedly stated he cannot be recalled to service for UCMJ since he's a retired Reservist. The Air Force spokesperson literally said they have no jurisdiction over him as he retired from the Reserves. So let go of the UCMJ. Yes he can have any VA benefits or SS or other things affected. I don't think he's too worried about base access right now...
They can only recall people who retired from active duty to prosecute under UCMJ. People need to let this topic go on the AF Lt Col he's not getting prosecuted by the military. It's that simple.
Again, as repeatedly stated he cannot be recalled to service for UCMJ since he's a retired Reservist. The Air Force spokesperson literally said they have no jurisdiction over him as he retired from the Reserves. So let go of the UCMJ. Yes he can have any VA benefits or SS or other things affected. I don't think he's too worried about base access right now...
They can only recall people who retired from active duty to prosecute under UCMJ. People need to let this topic go on the AF Lt Col he's not getting prosecuted by the military. It's that simple.
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PO1 Rudy Lopez
Capt Gregory Prickett - There always are my friend! It is an interesting topic that rarely, if ever, gets much attention.
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UCMJ is only applicable for actions or violations committed while contracted and/or serving on Active duty orders. I believe.... there are some much more aware on this platform that I am sure could respond.
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