Posted on Feb 27, 2021
Will the insurrectionist retirees/veterans lose their VA/Service benefits?
50.1K
1.7K
702
Since military benefits are lost on day 61 of a criminal conviction, will we finally see the retired and/or separated insurrectionist veterans lose their retirements, GI/9-11 bills, and VA benefits and stop them leeching off a government they wanted to overturn in the first place?
In addition, will we see their respective services follow precedent and subject those retirees to Court Martials, as they are still bound by UCMJ after retirement?
In addition, will we see their respective services follow precedent and subject those retirees to Court Martials, as they are still bound by UCMJ after retirement?
Benefits
UCMJ
Department of Veterans Affairs (VA)
Law
Edited 3 y ago
Posted 3 y ago
Responses: 127
First, I do not consider them "insurrectionists". Law breakers, yes, but "insurrectionists" implies something totally different. I put them on the same plane as the rioter this summer and especially the people who destroyed Government property in Portland and Seattle.
That being said, from what I understand if someone retired or ETSed as an enlisted person, he cannot be called back up for UCMJ punishment when his action was that of a civilian. Since officers resign their positions, I believe they can be called back up only if they acted in official capacity, meaning they represented themselves as being in the military. Additionally, an honorable discharge cannot be changed once one receives the discharge unless said person is found to have committed an offense while he or she served.
That being said, from what I understand if someone retired or ETSed as an enlisted person, he cannot be called back up for UCMJ punishment when his action was that of a civilian. Since officers resign their positions, I believe they can be called back up only if they acted in official capacity, meaning they represented themselves as being in the military. Additionally, an honorable discharge cannot be changed once one receives the discharge unless said person is found to have committed an offense while he or she served.
show previous comments
SGT Hector Rojas, AIGA, SHA
TSgt Matthew Covey - except when they are not up to date with Supreme Court decisions.
TSgt Matthew Covey
I have to ask....what SCOTUS decision would have an impact on anything having to do with those who have served and who have taken part in the riots of this past summer or at the Capitol?
SSG Edward Tilton
It was an act of War to prevent the Constitutional function of the government. They are Prisoners of War, we can deal with them in a few years
SSG Robert Perrotto
SSG Edward Tilton - this has got to be the most idiotic take on the whole shitshow. You sir, should refrain from making an ass out of yourself.
PO1 David Shepardson
SSG Edward Tilton - Now there is a case with Gen. Flynn, he can be called back and courts martialed.
LTC Joe Anderson
FYI - 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.
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
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
The following is a summary of how imprisonment affects veterans benefits.
Yikes! The longer I scroll the worse it gets. A bunch of koolaid drinking Trumpets in here. Please, turn off the OAN and Newsmax and come back to reality.
SGT William Jackson
And go where CNN and the mainstream media, no thanks, just start wearing your commie t-shirt, oh ya I like koolaid and I have communism up close and personal, I suggest you start drinking some koolaid, might make you see the light!
SSgt (Join to see)
SGT William Jackson Sure, because there's only one other option right? Either lick Dear Leader Trump's boots or be a full blown communist.
Insurrectionists? You're buying into the Dems/MSM agenda. We're the militia at Concord Hill insurrectionists? How about the The Red Summer of 1919 or The Battle Of Athens (Georgia) in 1946. Were they insurrectionists? Study history to see how any action against a government is called insurrection, regardless of how corrupt that government is
PO2 David McNamara
SGT Hector Rojas, AIGA, SHA - The comment was perfectly relevant. You're buying into the Dems/MSM agenda.
Deflecting and quoting what you think may have been racist occurrences in history doesn't have anything to do with relevancy.
Neither are concocting false narratives, imagining false intentions, and making false accusations appropriate or relevant to the situation or reality of the circumstances.
Before you cast aspersions you should be reviewing video footage and documentation from people who were there on the ground, and evidence.
The newest video footage made public is a recording of the Capitol Police negotiating with those wishing to protest, telling the protestors, the Police will let the people in if they are going to protest peacefully. Totally puts a canyon-sized hole in your theories and accusations.
You should be ashamed of yourself really.
Deflecting and quoting what you think may have been racist occurrences in history doesn't have anything to do with relevancy.
Neither are concocting false narratives, imagining false intentions, and making false accusations appropriate or relevant to the situation or reality of the circumstances.
Before you cast aspersions you should be reviewing video footage and documentation from people who were there on the ground, and evidence.
The newest video footage made public is a recording of the Capitol Police negotiating with those wishing to protest, telling the protestors, the Police will let the people in if they are going to protest peacefully. Totally puts a canyon-sized hole in your theories and accusations.
You should be ashamed of yourself really.
SGT Hector Rojas, AIGA, SHA
PO2 David McNamara - well, I am not ashamed, in the least.
My oath to the Constitution doesn't expire.
My oath to the Constitution doesn't expire.
MSgt Gilbert Jones
PO2 David McNamara - Sorry you are buying to the lies that trump and the republican party are putting out.
I believe the word insurrectionist is a stretch. They were not armed. They were demonstrating their frustrations. Which they have a right to do. To be honest I think the crowd mentality took over. As it did in the riots. The fact that the riots affected mostly American citizens, who had their businesses destroyed and you saw no action taken by elected officials except to defund the law enforcement tells you all you need to know.
MSgt Gilbert Jones
Sorry PVT Whitcomb, people don't have to be armed with guns and knifes to kill people, they carried other objects that were just as dangerous. Those that attacked the capital were nothing but outright thugs How ere all those police officers injured?
PVT Mark Whitcomb
You have gone off on a tangent. I said "the word insurrectionist is a stretch". I don't see anyone calling the rioters in Portland and Seattle "INSURRECTIONISTS" They hurt Police officers. They destroyed private businesses. The DA's in those cities never pressed charges on any of them. I said nothing about killing people. That was you. Try and stay on topic.
No bias from you at all. Are they going to hold accountable the Veterans who marched with BLM and Antifa protests burning cities down?
MSgt Gilbert Jones
You are so right A1C Tiger, history will show just how and what happened on July 6, 2021. It will also show how this republican senate and congress responded. I don't think history will look kindly on them. Already historians have listed trump as the 41 worse president we have ever had, and Obama #10 best.
SMSgt Gerald Goertz
MSgt Gilbert Jones Wow, Obama being in the best 10? Yes history will show how and what the Democrats, MSM, Swamp Rats did to derail the 45th President.
MSgt Gilbert Jones
I guess all the historians are wrong and you are right! You must really be a smart individual. History is already showing how this past president is one of the four worst presidents that held that office.
Hell no, that is a contract you made with stipulation that you both have to keep. No Vet should ever lose his or her benefits, period! It matters not what you do now it only matters that you served and did your job! What you do in private life matters not!
SGT Hector Rojas, AIGA, SHA
Fair opinion, thank you for answering civilly.
And thank you for your service! Looking good with that 203 on tow.
And thank you for your service! Looking good with that 203 on tow.
SSG Edward Tilton
You took an Oath and performed military duty as required. At the completion of the contract YOU WERE DISCHARGED. That is why it is called a DISCHARGE.
Drinking the kool-aid? They have not been charged as nor should they be considered insurrectionist. They protested with the intent to disrupt not overthrow. It is the corrupt politicians and the socialist minority of people who want you to believe the lie to remain cowering in a corner waiting for the government to protect you. Maybe you should remember how the government protected Minneapolis, Kenosha, Seattle, Portland, Atlanta.
SGT Hector Rojas, AIGA, SHA
CPL Freddie Evans - whatever States decide to charge those insurrectionists with is up to them.
Whatever charges have been brought up Federally against the insurrectionists is up to the US Attorneys overseeing the cases, which are not done yet.
Whatever charges have been brought up Federally against the insurrectionists is up to the US Attorneys overseeing the cases, which are not done yet.
SPC (Join to see)
SGT Hector Rojas, AIGA, SHA - If anyone is an Insurrectionist its Pelosi and those Traitors in office and U.
SGT Hector Rojas, AIGA, SHA
SPC (Join to see) - ah yes, nothing like the predictable personal attacks when there are no arguments.
Have a great day.
Have a great day.
MSgt Gilbert Jones
Yea, those who attacked the capital should have been treated the way the marchers in Seattle were treated. I didn't see any of their heads being busted or gassed. Except for one female who was trying to climb into the chamber and was shot. She should have stayed home and she would be alive today - a waste of life for nothing.
Read This Next
Continue with Facebook 
Continue with Google