Posted on Dec 21, 2018
MSG Senior Operations Nco
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Under Article 2 of the UCMJ, the Army maintains court-martial jurisdiction over retired personnel. Army Regulation 27-10, Military Justice, states “Retired members of a regular component of the Armed Forces who are entitled to pay are subject to the provisions of the UCMJ.
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LTC Gary Earls
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535
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So the FBI can lie to you and not be punished but if you lie to the FBI then you go to jail. Something is wrong here.
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SGT Arthur Tompkins
SGT Arthur Tompkins
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Only if we let this Congress change our lives without a fight! You are our only hope at a great American future.
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SGT Arthur Tompkins
SGT Arthur Tompkins
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MSG Stan Hutchison He didn't lie. He plead guilty because the power of MSM and the fraudulent Rats at the FBI
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SGT Arthur Tompkins
SGT Arthur Tompkins
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SGT Arthur Tompkins it was a plea to pressure!
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MSG Stan Hutchison
MSG Stan Hutchison
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SGT Arthur Tompkins - He plead guilty because he was.
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MAJ Armored Combat Command Commander
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Edited 8 mo ago
I say leave his military pension alone if his infractions did not occur in service to the military. They are unrelated.
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LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
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1SG Jeffrey Mullett - YOU ARE SEVERLY MISTAKE. YOU CANNOT BE RECALLED TILL YOUR DYING DAY. WE CANNOT BE RECALLED FOR, "JUST ANYTHING." I HAVE THE ORDERS TO PROVE OUR SERVICE IS LIMITED. Read the Regs. Better yet post the Regs that support your opinion. Because it is just that, your opinion not a fact.

Under Current law (10 USC 688a) Military personnel can be recalled to serve active duty if needed. If they fall under Category I: Nondisabled military retirees under the age of 60 who have been retired less than five years. This category is disposed to be recalled during times of war, national emergency, or “needs of the service”. IF the retiree isn't in the retired reserve, been retried for over 5 years, over 60, or retired under Tittle 32 they are not subject to recall or the UCMJ. Our service isn't for life. Thus neither is the Jurisdiction of the UCMJ. READ THE REGS 1SGT. YOUR WRONG!!!!!!!!!

If you look closely EVERYONE who has ben called back EVER falls under Category I. NO one outside of Category I, has EVER BEEN RECALLED FOR UCMJ or ANY OTHER REASON FOR THAT MATTER.
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1SG Jeffrey Mullett
1SG Jeffrey Mullett
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LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance) - It's called "Needs of the Army". You know this. DoD can recall you for any reason they deem as important, ESPECIALLY when you disgrace the uniform like Flynn did.
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LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
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1SG Jeffrey Mullett - OMG You're hilarious!!!! Just as you are Ignorant to Military Regs. and US Law. Read 10 USC 688a. Additionally the correct terminology is "Need of the Service" not Army. Read the Regs!! As a former PAO I'm suspired you are reading averse. So far you keep reposting your same misguided opinions and no facts to back it. 10 USC 688a is clear on who can and can't be recalled. The need of the service don't include recalling and ANYONE because you feel they disgrace the Uniform. Also you can't recall ANYONE convicted or cleared of a Federal Crime (State Crime has some Grey Areas). There a little thing called Double Jeopardy. But it appears you know little of that too.

Again you're late to the debate. Bottom line is the case is OVER/CLOSED and your opinion or anyone else on this matter MEANS NOTHING. There was NO conviction, the case was dismissed, and he has been "Pardoned."
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LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
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1SG Jeffrey Mullett - ᕙ(⇀‸↼)ᕗ Flex that out of shape mental muscle and post some facts!!!!! DoD CANNOT recall ANYONE for any reason they deem as important who falls outside of 10 USC 688a.
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SGT Lou Meza
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I'm of the opinion that Gen. Flynn should not be punished twice for the same offense.
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2LT Military Police
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While I agree, legally you still can.
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LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
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2LT (Join to see) - Still can be call back ton active duty? Military personnel can be recalled to serve active duty if needed. If they fall under Category I: Nondisabled military retirees under the age of 60 who have been retired less than five years. This category is disposed to be recalled during times of war, national emergency, or “needs of the service”. IF the retiree isn't in the retired reserve, been retried for over 5 years, over 60, or retired under Tittle 32 they are not subject to recall or the UCMJ. Our service isn't for life. Thus neither is the Jurisdiction of the UCMJ. Flynn was/is not a Member of the Retired Reserve, has been retired well over 5 years, and is over 60. I can not be recalled because I'm not in the retired Reserve and Retired Under Title 23 but and now a FULLY Retired Officer under Title 10 (I have the Order to prove it), and am NOT subject to recall for ANY reason. If you think recall is blanket and affects ALL retirees, you really should review the Regs., especially Category I. The Service isn't going to waisted its money Policing a retiree like Flynn who faced a Political charge in Criminal Court.

Additionally:
If a Vets convicted, can a Veteran Receive Retired Military Pay While In Prison?
Generally, yes. Being convicted of a crime almost never jeopardizes a federal pension – the rare exception to this rule are charges relating to criminal disloyalty to the United States: espionage, treason, sabotage, etc. Therefore, retirement pay could continue. Military retirement pay is not automatically stopped for incarceration AFTER retirement. According to the Hiss Act, as amended in 1961, only convictions (after retirement) for "crimes of national security" could lose retirement pay or benefits. So far the charges range from conspiracy, civil disorder, obstruction of an official proceeding, knowingly entering or remaining in a restricted building or grounds without lawful authority, disorderly conduct, vandalism, trespassing, theft, and destruction of property. So at this time their benefits are safe. Anyone who does get changed with insurrection may have their benefits at risk. But read the insurrection act. There are some criteria elements of the crime that must be met to be charged and tried. Probably why no one has been charged with insurrection so far. While I don't agree with those who entered the building I don't see where it meets the legal definition of insurrection. I agree with the charges filed to date of vandalism, trespassing, theft, and destruction of property.

Can A Veteran Receive VA Benefits While In Prison?
VA can pay certain benefits to veterans who are incarcerated in a Federal, state or local penal institution. However, the amount they can pay depends on the type of benefit and reason for incarceration. Your monthly payment will be reduced beginning with the 61st day of your imprisonment for a felony. If your disability payment before you went to prison was based on a rating of 20% disabled or higher your new payment will be based on the 10% disability rating. If you were receiving disability at the 10% disability rate your new payment will be cut in half. If you are imprisoned in a Federal, State or local penal institution as the result of conviction of a felony or misdemeanor, such pension payment will be discontinued effective on the 61st day of imprisonment following conviction.

https://www.military.com/benefits/veteran-benefits/incarcerated-veterans.html
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MSG William Wold
MSG William Wold
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Well he was pardoned by the President therefore there’s no record of the infraction.
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SPC George Keller
SPC George Keller
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IMO anyone who advises the president to suspend the constitution and silence the press.. should be in prison.
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