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TSgt"M"
07-09-2013, 05:47 PM
I realize most of us know of this, but it the first time I have seen it publisized.

From the Current Issue of Army Echos

Did You Know? Retired Soldiers and the Uniform Code of Military Justice

WASHINGTON — Have you ever heard a retired Soldier say, “They can’t touch me now; I’ve retired.”? Fortunately, for the sake of military justice, this is not true when it comes to retired Soldiers who violated the Uniform Code of Military Justice (UCMJ) while they were on active duty or in a retired status.

Under Article 2 of the UCMJ, the Army maintains court-martial jurisdiction over retired personnel. Army Regulation 27-10, Military Justice, states “Retired members of a regular component of the Armed Forces who are entitled to pay are subject to the provisions of the UCMJ . . . and may be tried by court-martial for violations of the UCMJ that occurred while they were on active duty or while in a retired status.” Department of the Army policy, however, does limit these trials to cases where extraordinary circumstances are present. The Army normally declines to prosecute retired Soldiers unless their crimes have clear ties to the military, or are clearly service discrediting. If necessary to facilitate courts-martial action, retired Soldiers may be ordered to active duty.

The regulation adds that “Retired Reserve Component Soldiers are subject to recall to active duty for the investigation of UCMJ offenses they are alleged to have committed while in a Title 10 duty status, for trial by court-martial, or for proceedings under UCMJ, Article 15.” Forfeitures imposed under the UCMJ, Article 15 may even be applied against a Soldier’s retired pay

71Fish
07-09-2013, 05:58 PM
I've often wondered this but never looked it up. Interesting.

Another related question is if I as a retiree get convicted of a crime and go to state prison, will I lose my retirement pay?

TSgt"M"
07-09-2013, 06:00 PM
I've often wondered this but never looked it up. Interesting.

Another related question is if I as a retiree get convicted of a crime and go to state prison, will I lose my retirement pay?

I think for felonies you can.

Rusty Jones
07-09-2013, 06:14 PM
If I recall correctly, the two-year statute of limitations for Article 15 and the five year statute of limitations for Court Martial still applies.

TSgt"M"
07-09-2013, 06:42 PM
I've also heard that "Retired Pay" is actually "Retainer Pay" as defined in the military pay manual. Any finance guys out there that can confirm/deny?

Rusty Jones
07-09-2013, 06:47 PM
I've also heard that "Retired Pay" is actually "Retainer Pay" as defined in the military pay manual. Any finance guys out there that can confirm/deny?

It's called "retainer pay" until the 30 year MSO for retirees is complete, and then it becomes "retired pay."

tiredretiredE7
07-09-2013, 06:53 PM
I've often wondered this but never looked it up. Interesting.

Another related question is if I as a retiree get convicted of a crime and go to state prison, will I lose my retirement pay?

Short answer is no. The long answer is a retiree can only loose their pay if they commit crime that jeopardizes national security. However, this would be a federal felony and you would goto federal prison not state prison. I don't have the link or source. However, let say you commit a murder and the states statutory limit expirers then you could be called back to AD get CM and loose your retirement but that again would be federal/military conviction. Here is a recent example http://www.army.mil/article/37123/

BURAWSKI
07-09-2013, 07:10 PM
Basically, don't be a Snowden.

I think it is safe to say that they can't touch us. That provision is only reserved for high crimes and misdeamenors. I saw a couple of cases, one for a retired member being charged with murder and another for espionage and they were both recalled back to active duty from retired status. Unless you have to worry about committing some serious felonies I think it's a safe bet not to worry about it.

TSgt"M"
07-09-2013, 11:24 PM
Agree Burawski, but I find it strange that it is in a retiree newsletter. Saw this in a link (official USA website). I think it is the equivilant of the AF Afterburner. I'm sure you Navys guy have your own. Maybe a slow quarter with news to put into it.

Pullinteeth
07-10-2013, 08:40 PM
It's called "retainer pay" until the 30 year MSO for retirees is complete, and then it becomes "retired pay."

For Navy personnel that REQUEST to be transferred to the Fleet Reserve instead of retiring...

http://www.law.cornell.edu/uscode/text/10/6330

Rusty Jones
07-10-2013, 09:20 PM
For Navy personnel that REQUEST to be transferred to the Fleet Reserve instead of retiring...

http://www.law.cornell.edu/uscode/text/10/6330

You're only in the Fleet Reserve until you have 30 years combined with your active and any prior reserve time (including DEP). Then you're officialy retired.

Pullinteeth
07-11-2013, 12:49 PM
You're only in the Fleet Reserve until you have 30 years combined with your active and any prior reserve time (including DEP). Then you're officialy retired.

OR until you reach age 60-whichever comes first. However your OP didn't specify that it was ONLY DoN personnel that recieve retainer pay instead of retired pay and ONLY at their request...

garhkal
05-28-2018, 07:00 PM
I realize most of us know of this, but it the first time I have seen it publisized.

From the Current Issue of Army Echos

Did You Know? Retired Soldiers and the Uniform Code of Military Justice

WASHINGTON — Have you ever heard a retired Soldier say, “They can’t touch me now; I’ve retired.”? Fortunately, for the sake of military justice, this is not true when it comes to retired Soldiers who violated the Uniform Code of Military Justice (UCMJ) while they were on active duty or in a retired status.

Under Article 2 of the UCMJ, the Army maintains court-martial jurisdiction over retired personnel. Army Regulation 27-10, Military Justice, states “Retired members of a regular component of the Armed Forces who are entitled to pay are subject to the provisions of the UCMJ . . . and may be tried by court-martial for violations of the UCMJ that occurred while they were on active duty or while in a retired status.” Department of the Army policy, however, does limit these trials to cases where extraordinary circumstances are present. The Army normally declines to prosecute retired Soldiers unless their crimes have clear ties to the military, or are clearly service discrediting. If necessary to facilitate courts-martial action, retired Soldiers may be ordered to active duty.

The regulation adds that “Retired Reserve Component Soldiers are subject to recall to active duty for the investigation of UCMJ offenses they are alleged to have committed while in a Title 10 duty status, for trial by court-martial, or for proceedings under UCMJ, Article 15.” Forfeitures imposed under the UCMJ, Article 15 may even be applied against a Soldier’s retired pay

I've heard of it many a time, and though it didn't deal with a retiree (someone getting a retirement check) i heard of this provision being used twice in the past, on those who got out after 4-6 yrs in, cause they were done for large amounts of drugs while out in town in Norfolk or Va beach... (supposedly)..