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Thread: Retirees subject to recall for UCMJ Prosecution

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    Senior Member Rusty Jones's Avatar
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    Re: Retirees subject to recall for UCMJ Prosecution

    Quote Originally Posted by Pullinteeth View Post
    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.
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    Re: Retirees subject to recall for UCMJ Prosecution

    Quote Originally Posted by Rusty Jones View Post
    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...
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    Quote Originally Posted by TSgt"M" View Post
    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)..

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