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Thread: Retirees subject to recall for UCMJ Prosecution

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    Default Retirees subject to recall for UCMJ Prosecution

    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

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    Default Re: Retirees subject to recall for UCMJ Prosecution

    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?

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    Default Re: Retirees subject to recall for UCMJ Prosecution

    Quote Originally Posted by 71Fish View Post
    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.

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    Default Re: Retirees subject to recall for UCMJ Prosecution

    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.
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    Default Re: Retirees subject to recall for UCMJ Prosecution

    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?

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    Default Re: Retirees subject to recall for UCMJ Prosecution

    Quote Originally Posted by TSgt"M" View Post
    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."
    "We're not going to give up on destroying the health care system for the American people."

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    Default Re: Retirees subject to recall for UCMJ Prosecution

    Quote Originally Posted by 71Fish View Post
    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/

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    Default Re: Retirees subject to recall for UCMJ Prosecution

    Quote Originally Posted by GodFather View Post
    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.

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    Default Re: Retirees subject to recall for UCMJ Prosecution

    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.

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    Default Re: Retirees subject to recall for UCMJ Prosecution

    Quote Originally Posted by Rusty Jones View Post
    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
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