Will the insurrectionist retirees/veterans lose their VA/Service benefits?

SSG Robert Perrotto I never claimed to answer I just asked why people scapegoat and whine about liberals constantly and then like clockwork you also cried about liberals

SGT (Join to see) - because it is the Liberals that are controlling the Narrative.

SSG Robert Perrotto

SGT (Join to see) - Fairly certain that if a group of veterans wanted to overthrow our government, it would have been a far better showing then a bunch of fucking selfies and minor destruction of property. Any Combat arms NCO with a lick of tactical sense could have come up with a better plan then then just running around taking selfies.

Sorry, the QAnon, and Proud Boys were trying to say their people were Antifa to cover up their action. But then, you are going to believe what you want to and not the true facts.

And you MSgt are going to believe what you want and can't see the true facts. All you have to do is look at this screwed up pres and his party right now, I think maybe you have been fed a lot of blue kool-aid and want more, and keep voting for those like Biden and Harris and see what happens. I did not like what happened at the Capital but I do understand it, and the way things are going and the facts of today, yea it was a fraudulent election!

Why is it so hard to get a total recount and why so much fighting back when the apposing side asks. Got to admit it's weird how voting changed and how we verify months weeks and day with out state legislative branches voting on it because of a pandemic that got ride of flue for this past year. Then you have question why one questions the other. Amazing. The Capital Guards walked them in anyways. They took pictures very small amount of people what about supreme court justices hearing being interrupted and people in the halls banging on the doors wasn't much worry then they didn't clear the floor then. Oh on the Jan 6th day did they find and weapons or were there any reported. Wow be fair weight both sides then look at your convictions.

Get back on your meds, your so far out in Left field.

Wow man, i think that cold weather has affected your ability to think straight.

SFC Titzkowski, I agree with you hold heartly, those that came out to the marches at night and did all the damage should be arrested and jailed. Not the peaceful BLM marchers that only marched. The others were nothing more then thugs who were taking advange of the peaceful marchers who had a right to demonstrate.

Those who marched up to the capital and then attacked the police and crossed the barricades, beat the police officer who tried to stop them, and then broke into the capital were nothing more then thugs and insurrectionist no if and butts about it. These individuals should be treated accordingly. I personally would like to see them loose their voting rites - they aren't citizens of this country, that can't be. I hope citizens of this country wouldn't act like that These are spoiled individuals who can't have their way want to destroy what they don't like, just as some small children react.

Mr. Mills, let me in on a secret, I did my research, hence my post asking whether we will actually see the law being used, not what is the law.

It is obvious you are not familiar with 10 USC Sect. 802 Art. 2, where it is clear who is and is not subject to Court Martials under UCMJ.
As Paragraph a (4) notes, indeed “Retired members of a regular component of the armed forces who are entitled to pay” are still under UCMJ, so that part of my question was correct.

Apparently, you didn't read the VA documentation you are given, where they make it clear that "Veterans in receipt of VA pension will have payments terminated effective the 61st day after imprisonment in a Federal, State, or local penal institution for conviction of a felony or misdemeanor. Payments may be resumed upon release from prison if the Veteran meets VA eligibility requirements."

Noticed the part where it says payments may resume IF the veteran meets VA eligibility once released? IF they meet eligibility. If their respective services change the classification of their service as a result of a Court Martial, then guess what, they not only lose their retirement but their VA benefits, if they had any. No Regs., just plain old welcome to the VA literature and their own website.

My "military knowledge" is just fine, as I believe you meant something else.

As for my credibility, it must have sailed off searching for the link you said you provided but a search of this page could not find. Oh well.

Ah yes young Grasshopper, but you did not, say that in your initial post, you said after the 61st day of being Convicted. Where as the Regulation says 61st. Day of Confinenement. The person could remain out of jail for quite some time on appeals before ever stepping foot inside a prison or Jail to serve their sentence.SGT Hector Rojas, AIGA, SHA

I am more of a Walt Whitman person myself, and one of my favorites quotes from him is "Be curious, not judgmental."

SGT Hector Rojas, AIGA, SHA - but your use of the term "Insurrectionist" is in fact judgemental - none have been charged with that as of yet.

SGT Hector Rojas, AIGA, SHA - We agree. Have a Great evening!!

Thanks for the fact and thanks for the freedom to have my own option to everyone

A1C Tiger H - Your friend was not a VET. He was on active duty, charged and convicted with a crime on active duty. Which as it should have stopped his pay, gave him a bad paper discharge, and ending any VA/Veteran benefits. That ends a service members pay, claims to the GI Bill, VA Benefits... The only way to change that is to have his discharge changed to Honorable. Otherwise the UCMJ is clear your friend is not eligible for pay, retirement, the GI Bill, VA Benefits... Your friend situation is NOT the same as retirees and those with honorable discharges being charged with a civilian crime. It "Apple and Oranges!" Vets pay and benefits will not be affected if charged for the capital building fiasco. However active duty members do risk losing pay, possible loss of retirement, risk a bad conduct discharge...

A1C Tiger H - The VA disability paperwork refers to VA benefits not military pension. I have already posted what would happen above. But here's a break down of what happens to a vet (Not in the retired Reserve ((They are subject to recall)) convicted of a crime after retirement. Military pensions would not be affected because of incarceration's unless it's for Treason or such acts. The reason being that that pension was already earned under honorable service and can not be taken away for criminal acts once a Vet fully retired (The exception being those in the Retired Reserve or Subject to recall under Category I). I could get convicted of Murder and I would keep my military pension.

Disabled Vets depending on their disability rating would receive prorated compensations since the State and Feds would take care of their medical needs while incarcerated. The amount they can be paid depends on the type of benefit and reason for incarceration. A Vets monthly payment will be reduced beginning with the 61st day of their imprisonment for a felony. If a Vets disability payment before they went to prison was based on a rating of 20% disabled or higher their new payment will be based on the 10% disability rating. If They were receiving disability at the 10% disability rate your new payment will be cut in half. If a Vets was 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 per the scale I just mentions. Those who were considered 100 percent disable would still get a portion of their VA pensions but much reduced since the institution they are housed in would cover their medical needs while they are in. Once the Vet has been released they would be entitled to start receiving their full benefits again.

Its a complicated calculation, but Vets don't just lose their retirement pay on conviction, and VA pay and benefits may be suspended or reduced on conviction. But will be reinstated once they have served their time. Life sentences being the obvious exception. But they would still receive their military's retirement throughout their incarceration. Once retirement has been earned its tough to take away. Not impossible but tough. Doing something stupid like trespassing in the capitol building during a riot does not change that for vets. Active Components and Retired Reserve members do risk losing their pay retirement... They have not yet ended their commitments, have not been discharged or fully discharged and are subject to UCMJ and or recall. If you meant those who didn't retire and only collect a VA pension then you are partially correct. They would lose pay at the rate I explained above after their 61st day of incarceration.