Posted on Aug 12, 2019
New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed
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Posted in these groups: 
Retirement
UCMJ
Retirement UCMJ
Posted >1 y ago
Responses: 3
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Interesting. Maybe there is a difference between the various branches of the service. As one who served in the Army, it was my understanding that only those on active duty were subject to the UCMJ. I, for example, held security clearances while on active duty and the military wanted to control my travel. I was supposed to be retained in the inactive reserve so that I could be activated if I ever attempted to travel to an area where they didn't want me to go. I could then be ordered to not go to that place and if I persisted, could be court martialed for disobeying a direct order. ("...supposed to be.." but discharged due to an administrative error)
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SSgt Terry P.
CPT Jack Durish That is an interesting comment,Cpt. Jack.
Actually explains some events that occurred in the past.
Actually explains some events that occurred in the past.
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Military retirees can still be court-martialed, Supreme Court affirms
The decision leaves the possibility open for retirees implicated in high-profile scandals to face punishment, to include sailors involved in the Navy’s “Fat Leonard” scandal and retired Gen. David Petraeus’ affair with his biographer.
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MSgt Danny Hope
I'm thinking the SC would have to y action, or in-action, clarify the definition and scope of the UCMJ as it applies to all retirees.
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MCPO Roger Collins
MSgt Danny Hope Not something I’m particularly worried about, but recalled this came up a while back.
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MCPO Roger Collins
SFC Christopher Smith It has been decades since I received training on the UCMJ and it’s Appellate process, so I don’t claim to be an expert on military justice. But, the reference I cited was from the Military Times, and it stated the SCOTUS did render a decision.
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