JAG
JAG
397
397
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According to Article 2 of UCMJ, "Retired members of a regular component of the armed forces who are entitled to pay" are covered by UCMJ. Does this mean that retirees can be charged with UCMJ violations even long after retirement and when not doing anything related to the military? Has this ever happened?
http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm
http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm
Retired
Retirement
UCMJ
JAG
Posted 9 y ago
Responses: 388
158
158
0
As I understand it... Officers are more so than NCOs/Enlisted. But, as Article 2 states "(4) Retired members of a regular component of the armed forces who are entitled to pay" are subject to the UCMJ. So, it appears to be all. LTC Yinon Weiss
That said, having dealt with issues, with regards to service members who had retired, and had been involved in criminal behavior... Generally the Army will only bring a person back on active duty for UCMJ actions for very very serious crimes.
Many violations can be adjudicated via administrative processes after we leave. The bottomline, is once we leave, the Army can still reach out and touch us in one way or another.
That said, having dealt with issues, with regards to service members who had retired, and had been involved in criminal behavior... Generally the Army will only bring a person back on active duty for UCMJ actions for very very serious crimes.
Many violations can be adjudicated via administrative processes after we leave. The bottomline, is once we leave, the Army can still reach out and touch us in one way or another.
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MSgt Robert Brady
SGT Thomas McLeod - Your question does not pertain to my post. Yes I do get COLA adjustments. Ready my post again. I am talking about being recalled to Active Duty then retired again as of today.
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SSG Bill McCoy
SSG Michael Doolittle - Can't ... Gen. Flynn was given a full pardon. But, maybe we should look at all the former Generals, and a few Colonels who chronically bad mouthed their Commander-in-Chief?
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SSG Michael Doolittle
SSG Bill McCoy - He was pardoned for the crimes he pleaded guilty to, he was not charged for more than half of the initial charges he could have faced... He can still be charged with the crimes that were not charged...
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72
72
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Sir,
I believe one such instance is Providing classified information to an enemy before it is declassified or espionage.
Its under these circumstance's that a veteran can face UCMJ actions.
At least that's what I was informed on my ETS date.
I believe one such instance is Providing classified information to an enemy before it is declassified or espionage.
Its under these circumstance's that a veteran can face UCMJ actions.
At least that's what I was informed on my ETS date.
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CPO Dale Dietzman
Being a Veteran is NOT the same thing as being a retired service member receiving either retainer or retired pay from the military. Although those people would also be classed as Veterans. If you did not retire on 30 years, or go to the (Navy version) Fleet Reserve on 20 years, you are clear of the UCMJ or recall to active duty. A Veteran may be getting disability compensation from the VA, which is NOT "retired pay", and would still not be classed as "retired" and so not subject to recall or UCMJ prosecution. That is my understanding of the laws.
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MAJ Jack Horn, LPC, NCC, CCMHC, CCTP, CCTP-II, CCFP, CDBT
I’m retired, retired USAR, not active component. Does this make me exempt? I’m not really worried, for there is no cause, but still....
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SSG Bill McCoy
Pvt SanJuana Méndez - For Veteran Admin benefits, it's 180 days service, EXCLUDING training; or one day in combat. Otherwise, most would agree that anyone who enlisted, completed basic and either served weekends as a Reservist or National Guard, IS a Veteran, or any active duty member who completed basic and received other than a DISHONORABLE discharge afterwards, is a Veteran.
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SSG Laureano Pabon
CPO Dale Dietzman - I'm fully aware of the question, but the fact is you really don't have to have served in anything, If caught selling classified material with an known enemy of this country, that person will be charged with espionage. It dose not matter if you served or didn't. The same is for anyone. The question is what is (Classified material) or what actually took place when the crime was committed that bought about the charges.
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53
53
0
I don't know about anyone else but I feel that we should be acting with honor and discipline not matter what. As vets we should set an example for others to follow. Of course this is just my opinion.
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