Posted on Jun 23, 2015
LTC Board Member
237K
2.15K
946
391
391
0
According to Article 2 of UCMJ, "Retired members of a regular component of the armed forces who are entitled to pay" are covered by UCMJ. Does this mean that retirees can be charged with UCMJ violations even long after retirement and when not doing anything related to the military? Has this ever happened?

http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm
Avatar_feed
Responses: 386
COL Charles Williams
158
158
0
As I understand it... Officers are more so than NCOs/Enlisted. But, as Article 2 states "(4) Retired members of a regular component of the armed forces who are entitled to pay" are subject to the UCMJ. So, it appears to be all. LTC (Join to see)

That said, having dealt with issues, with regards to service members who had retired, and had been involved in criminal behavior... Generally the Army will only bring a person back on active duty for UCMJ actions for very very serious crimes.

Many violations can be adjudicated via administrative processes after we leave. The bottomline, is once we leave, the Army can still reach out and touch us in one way or another.
(158)
Comment
(0)
1SG 92 Z5 O (Retired)
1SG (Join to see)
4 mo
MSG Randy Almendinger - Regular "active" components are ruled by federal title 10, reserve and guard "irregular" are covered under title 32. There are literal and actual differences between title 10 and title 32. Reserve components are covered by title 10 only in certain and specific time periods, i.e. initial training at active duty stations, duty outside the United States or its territories, or activated under federal orders in excess of 90 days. UCMJ only applies to those Soldiers, Sailors, Marines, and Airmen who are on title 10 duty. Title 32 service members are covered by local, state, and federal laws ONLY.
(4)
Reply
(0)
1SG Chad Mcdaniel
1SG Chad Mcdaniel
4 mo
You are correct and it he was Army, the female and kids he killed were an AF Captains Dependents. I think in 1985 (Henning may have been his name) he was tried in NC convicted a year or two later retried on appeal and acquitted...in I think 2008 DNA linked him to the crime and because of double jeopardy the state couldn't convict but the Army being federal could so as a retired MSG he was brought back on active duty and court martialed and found guilty.
(5)
Reply
(0)
PO2 Greg Donahoe
PO2 Greg Donahoe
3 mo
I think your response is spot on.
(1)
Reply
(0)
SSG Watis Ekthuvapranee
SSG Watis Ekthuvapranee
20 d
Damn! That's sucks.
Ok, let have a safety briefing for all retired member every four day weekend.
1) no drinking and driving.
2) don't beat your wife.
3) don't do drug.
...
...
...
Behave, Boys and Girls or else Uncle Sam will spank you.
(0)
Reply
(0)
Avatar_small
SFC James J. Palmer IV aka "JP4"
135
135
0
Yes sir. There was a MSG who was brought out of retirement and convicted due to a rape and or murder of a woman and her daughter in NC. I think I have the story right. Under extreme circumstances such as this. Yes.

JP
(135)
Comment
(0)
LT Robin McPeters
LT Robin McPeters
2 mo
One woman sued her ex-husband for loss of retired pay, because he lost his retired pay when they recalled him to active duty to try him for raping her daughter. He lost his retired pay in the process and she was entitled to a percentage, which she lost due to his misconduct.
(1)
Reply
(0)
SSG Platoon Sergeant
SSG (Join to see)
1 mo
CW2 (Join to see) not correct. If he retired first, committed crime later, he is still subject to bring tried, even if unlikely.

Where this dude made the mistake was returning to the military. If he didn't return after the State found him not guilty, we wouldn't be talking about him today.
(0)
Reply
(0)
SSG Paul Headlee
SSG Paul Headlee
1 mo
(1)
Reply
(0)
Col Robert Lucania
Col Robert Lucania
17 d
My understanding is retirees are subject to the UCMJ while receiving retirement pay. You have to be logical concerning crimes. Although DoD has jurisdiction I'd think it would have to be a serious offense or high profile individual for them to get involved. I doubt you'd be brought back on active duty for shop lifting. As for serious felonies and crimes concerning current political environments this may be another story. Stick to our military core values for your lifetime and you won't need to worry about this subject.
(1)
Reply
(0)
Avatar_small
SSG Stay At Home Dad
74
74
0
Sir,
I believe one such instance is Providing classified information to an enemy before it is declassified or espionage.
Its under these circumstance's that a veteran can face UCMJ actions.
At least that's what I was informed on my ETS date.
(74)
Comment
(0)
GySgt John Hudson
GySgt John Hudson
5 mo
Contact the nearest JAG office for clarification... JP
(2)
Reply
(0)
CPO Arthur Weinberger
CPO Arthur Weinberger
5 mo
Like Hillary Clinton, William Jefferson Clinton, and I am not a Muslim even though It is my religion; Barrack Husein Obama.
(0)
Reply
(0)
SGM Robert Gentner
SGM Robert Gentner
4 mo
Maj Rick Wall - It seems like we actually do know. IT SAYS WE CAN BE BROUGHT BACK AND ARE STILL SUBJECT TO UCMJ. "According to Article 2 of UCMJ, "Retired members of a regular component of the armed forces who are entitled to pay" are covered by UCMJ." I had a clue about UCMJ for almost 30 years and remember it well.
(1)
Reply
(0)
Pvt SanJuana Méndez
Pvt SanJuana Méndez
23 d
U've been fortunate to hv been informed of anything at ETS! Or maybe it's just the they know ur UCMJ rights, unlike a ignorant raw recruit. I wzn't quite as fortunate coz I'd only been on Basic training a wk when I had to go on emergency leave. I attended exactly one UCMJ class when I returned to duty before I wz sent to standby to await nxt training platoon, & wz returned to standby 2 wks after being in nu platoon. I went thru ETS totally uninformed about anything except ETS procedure (agenda).

I wz so ignorant that it wz 28 yrs before I could unequivocally call myself a veteran, it wz from my brother that I learned we hv a UCMJ, & I've gained enlightenment only in past 21 yrs since learning I AM a veteran.
(0)
Reply
(0)
Avatar_small

Join nearly 2 million former and current members of the US military, just like you.

close