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There is an article here about the incident where a Black woman was pushed by a almost and will not be a Marine and a Korean War veteran during a Trump rally in South Carolina. I am sorry I oculd not get the full link in as RP did not like the technical ending of the link so you can find it above. What surprised me and while I have an irregular retiredment (active and reserve) I did not know I was still subject to the UCMJ as per this commment that appeared under the article, "If a person is a military retiree receiving pay, that person is still subject to the UCMJ should the Service Secretary so deem. For instance, a retiree receiving retired pay commits a serious federal felony, that person maybe called back to duty and court-martialed. Seldom happens but a retired CPO raising pot in Washington State is under investigation, although legal under Washington law, it is a federal felony." Is this true? Not that I have anything to worry about but never heard this before. Its a shame about the woman being pushed by racists
Under the Radar
Posted from undertheradar.military.com
Politics
UCMJ
Retirement
Posted 9 y ago
Responses: 3
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Yes.
There was a case where a retired person was recalled essentially bypassing "double jeopardy" rules (since Military is excluded from it) so that he could be tried again.
http://www.cnn.com/2014/07/18/us/death-row-stories-hennis/
There was a case where a retired person was recalled essentially bypassing "double jeopardy" rules (since Military is excluded from it) so that he could be tried again.
http://www.cnn.com/2014/07/18/us/death-row-stories-hennis/
Tim Hennis murder trials surround double jeopardy issue - CNN.com
The story of Army soldier Timothy Hennis and the North Carolina stabbing deaths of a mother and her two girls is full of twists and turns.
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Sgt Aaron Kennedy, MS
SFC William Farrell - We do indeed! This case popped up awhile ago, and I've got a "strangely good memory" when it comes to some of these cases. Your post reminded me of it, because of the oddness of it.
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PO3 Steven Sherrill
Sgt Aaron Kennedy, MS that is a wyrd story. If he is truly guilty, I hope he dies slowly, and feels every second of it. Raping a mother then killing her and two of her kids. That is what I would call a monster. If he is not guilty of the murders, it sounds like he is still at the very least a rapist who deserves to rot, since he cannot be executed for that.
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Sgt Aaron Kennedy, MS
PO3 Steven Sherrill - Definitely a weird story, and he likely does deserve to rot. My issue is HOW they got him, not that they got him. The government had already tried him. This feels very "loopholey" which makes me feel like rules are being broken.
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PO3 Steven Sherrill
Sgt Aaron Kennedy, MS - no doubt about that. Then again, it's the government, they use loopholes like you or I use shoes.
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The morons that did this should be held accountable for their actions, and if the retiree is found guilty, he should have a percentage of his retirement pay removed. The enlistee sent to civil court and fined the maximum allowable by law.
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SFC William Farrell - Sergeant; A good question in the link "Sound Off: Did Marine Hopeful Joseph Pryor Deserve a Second Chance?".
I think that the answer is that the USMC is not in the business of teaching people how to behave in public.
I think that the answer is that the USMC is not in the business of teaching people how to behave in public.
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SFC William Farrell
Agreed COL Ted Mc. That issue is another one altogether; the thing that I did not know about was retirees being subject to the UCMJ.
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COL Ted Mc
SFC William Farrell - Sergeant; Understood.
BTW I think that that really sucks dirt big time. Once retired (at a minimum) the person should no longer be subject to the UCMJ and if the military doesn't have sufficient evidence to be able to satisfy a civilian court then the military should simply shut up and go away.
In fact, I think that (once the person leaves the service - under whatever conditions) the clock should start to run on the civilian "statute of limitations".
BTW I think that that really sucks dirt big time. Once retired (at a minimum) the person should no longer be subject to the UCMJ and if the military doesn't have sufficient evidence to be able to satisfy a civilian court then the military should simply shut up and go away.
In fact, I think that (once the person leaves the service - under whatever conditions) the clock should start to run on the civilian "statute of limitations".
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