Posted on Feb 26, 2019
Supreme Court: Retirees Can Be Court-Martialed for Crimes Committed After Service
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The U.S. Supreme Court has upheld the Defense Department's authority to prosecute retired service members for crimes they commit, even after retirement.
Punishing retired service members with UCMJ was only used once before in history as I recall.
Now it has been done twice in the past couple of years to retired service members residing in Japan. This seems to have set a troubling precedent moving forward...
Punishing retired service members with UCMJ was only used once before in history as I recall.
Now it has been done twice in the past couple of years to retired service members residing in Japan. This seems to have set a troubling precedent moving forward...
Supreme Court: Retirees Can Be Court-Martialed for Crimes Committed After Service
Posted from military.com
Supreme Court
UCMJ
The Retired Enlisted Association (TREA)
Japan
DoD
Posted 6 y ago
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I am just fine with this. Certainly better than being tried by a foreign government. And I trust the military over our civilian courts
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SMSgt Patrick LaChance
I am not sure if being punished under UCMJ necessarily negates the jurisdiction of the foreign country. I believe that country (Japan in this case) could still charge the individual especially if not on SOFA status.
Consider this scenario...What if a retiree smoked pot in Colorado and was caught by the feds? While legal in the state, this is still federally illegal and not authorized under UCMJ. Are you still fine with this?
Consider this scenario...What if a retiree smoked pot in Colorado and was caught by the feds? While legal in the state, this is still federally illegal and not authorized under UCMJ. Are you still fine with this?
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Barring Congress changing the law, it is the law.
It appears to be used in extremely limited circumstances, and I would believe that a CM punishment would likely produce a more undesirable sentence, while permitting the US to save some face, and eliminate the State Department from having to deal with complaints of harsh treatment of a US citizen abroad.
Be interesting to see if it has been used stateside.
Only thing close I recall is a retired Army MSG receiving orders recalling him to active duty, around 2006. He reported, and was subsequently arrested and CM for theft/embezzlement that occurred prior to his retirement a couple of years earlier.
It appears to be used in extremely limited circumstances, and I would believe that a CM punishment would likely produce a more undesirable sentence, while permitting the US to save some face, and eliminate the State Department from having to deal with complaints of harsh treatment of a US citizen abroad.
Be interesting to see if it has been used stateside.
Only thing close I recall is a retired Army MSG receiving orders recalling him to active duty, around 2006. He reported, and was subsequently arrested and CM for theft/embezzlement that occurred prior to his retirement a couple of years earlier.
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