retired-army-2-star-charged-with-six-counts-of-rape

You don't have to put him on active duty, as a retiree he's still subject to the UCMJ. Second, you cannot make him retroactively pay back his pay and benefits, it's not an authorized punishment. Don't you think the punishment he's facing is enough? In the military, rape is still a capital offense (but they won't try it as a death penalty case), which means that the whole range of punishment is open. He can do hard time at Leavenworth, be dishonorably discharged, and lose all of his retirement.