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Retirees still subject to the UCMJ

I read an interesting article today on military.com, which some of you were probably already aware of, but I sure wasn't. The gist of the article was that military retirees can be court martialed for crimes they commit during retirement. The article didn't specify if there was a time limit but it sounded like there wasn't. It cited a couple specific cases which lead to post retirement court martials and in both the Supreme Court declined to hear them. It also pointed out that active duty missteps such as speaking negatively about POTUS, et al, can also lead to punishment for retirees, especially senior officers. ( which has occurred a lot lately)
The article left many unanswered questions so I cannot speak with authority about the subject however, I find it troubling that post retirement crimes can lead to a court martial, dishonorable discharge and loss of pay. The legal argument that drives this is basically that retirement is simply a status change from active duty and that we are always subject to the UCMJ. Again, many of you were probably already aware of this but I wasn't.

Re: Retirees still subject to the UCMJ

Extremely interesting. Anyway you can share the article?

J

Re: Retirees still subject to the UCMJ

John, I deleted the article but if you google the topic there are a number of articles and legal opinions on there.

Re: Retirees still subject to the UCMJ

https://www.militarytimes.com/news/your-military/2019/02/25/military-retirees-can-still-be-court-martialed-supreme-court-affirms/

Re: Retirees still subject to the UCMJ

Thanks for this information. Would love to read the article. I’ll do a search for it. I did not know this. I remain interested in all things Military...active duty and retired. :-) Thanks again.

Re: Retirees still subject to the UCMJ

https://www.militarytimes.com/news/your-military/2019/02/25/military-retirees-can-still-be-court-martialed-supreme-court-affirms/

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