Posted on Dec 19, 2022
A retirement check from the armed services is not a muzzle
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Posted 2 y ago
Responses: 2
Agree with the article, however want to emphasize a passage the author makes - "As long as we do both professionally and we stay within legal and policy limits, our delivery will not cast a shadow on us, our messages, or our nation."
Therein lies the rub - many do not.
Therein lies the rub - many do not.
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MAJ Montgomery Granger
As private citizens we are entitled to full freedoms and rights, unlike when on active duty, when our rights are filtered through the UCMJ. Who is our 'commander?' Who are in our chain of command? To whom do we answer/report? DoD military or civilian? Veterans Administration? I receive retired pay. Who 'signs' the checks, the CinC? If we have a chain of command, where is the SOP for retirees, and with whom can we utilize our legitimate avenues of redress of our grievances? Our chain of command, or our Congresspeople and local/state legislators?
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COL Randall C.
MAJ Montgomery Granger - Understand and agree with many of the sentiments, but while it might be unfair, the law says that if someone is an active component retiree, then they are subject to recall to active duty and prosecution under the UCMJ*. For all intents and purposes, they are not getting 'retired pay' .. they're in essence getting 'standby retainer pay'.
I specified 'active component' because this doesn't apply to you for instance, a reserve component retiree, unless the offense was committed while on active duty or during IDT (must have been in T10 status, so it doesn't apply to a National Guard servicemember on a drill weekend).
The majority of your questions are immaterial. An active component retiree is not on active duty - they're subject to UCMJ but don't have a commanding officer, etc.
Now, WOULD someone be recalled and prosecuted under UCMJ for something that they wouldn't be prosecuted for under civilian law? Very unlikely. Most cases that it happens are instances where it's illegal under both civilian law and UCMJ and the military has an interest in prosecution because of the stature of the individual or some type of military nexus of the crime.
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* 10 USC § 802(a)(4) - https://www.law.cornell.edu/uscode/text/10/802
I specified 'active component' because this doesn't apply to you for instance, a reserve component retiree, unless the offense was committed while on active duty or during IDT (must have been in T10 status, so it doesn't apply to a National Guard servicemember on a drill weekend).
The majority of your questions are immaterial. An active component retiree is not on active duty - they're subject to UCMJ but don't have a commanding officer, etc.
Now, WOULD someone be recalled and prosecuted under UCMJ for something that they wouldn't be prosecuted for under civilian law? Very unlikely. Most cases that it happens are instances where it's illegal under both civilian law and UCMJ and the military has an interest in prosecution because of the stature of the individual or some type of military nexus of the crime.
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* 10 USC § 802(a)(4) - https://www.law.cornell.edu/uscode/text/10/802
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COL Randall C.
Capt Gregory Prickett - Correct - 'active component', not 'active duty'. AGRs are part of the reserve component.
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No it is not, but it is still advisable to watch what you say, especially in print and where you say it as well.
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