Posted on Aug 12, 2019
New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed
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A recent thread discussed the liability of retired military members to UCMJ and possible recall to active duty for prosecution. The link above muddied the waters a bit. I expect that the Supreme Court will become involved in this in the near future.
New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed
Posted from military.com
Court Martial
UCMJ
Retirement
Posted >1 y ago
Responses: 7
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I believe that if a crime was committed during your active service time you should be called back to face the music...IMHO
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I believe military retirees should be immune to courts martials based on the time the law was broken.
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SSG Ray Elliott
I basically agree with you regarding military retirees not being held accountable to UCMJ standards after retirement for most offences (provided the infringement didn't happen while on active duty). I do think there are some things such as divulging classified information that you should be held accountable for even after retirement.
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MAJ Ken Landgren
I agree with you. Maybe it should apply to those who harm the military or government. SSG Ray Elliott
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What i find odd about this ruling is it makes retirees more subject to UCMJ than drilling reservists.
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