Posted on 02/28/2025 5:09:47 AM PST by 7thson
I posted yesterday that those that signed the letter demanding Congress investigate the firing of the CJCS, and their insubordinate remarks should be charge with Article 88 of the UCMJ and court-martialed. I received one response that stated that since they are retired, the UCMJ does not apply to them.
Is that true?
And if is not true, that they can be brought up on UCMJ charges, than is that true for all retired personnel?
I believe that in most cases they can. There may well be age issues as well as health issues that would prevent a callup.
Under national emergency or declaration of war is the only requesite that I know of................
Yeah, me too. When liberals annoy me too much I always tell them that they are the "domestic enemies" to which my un-recanted Oath refers.
He wound up doing 20+ years in the Army and retired as an E-7 or E-8.
Years later the county prosecutor's office retested the DNA found at the crime scene with new technology and found his DNA. The civilian courts couldn't touch him thanks to the not guilty verdict. But they turned over the results to the JAG office at Fort Bragg. He was recalled to active duty,court martialed,and is now on Death Row at Leavenworth.
Can't recall his name.
For enlisted when you retire you are transferred to either the Fleet Reserve or Retired Reserve. During this time you are obligated by your oath and eligible for recall but only with Congressional approval. During that time you technically still fall under the UCMJ and can be recalled and charged.
After thirty years you are transferred to the “Retired List.” Your obligation has ended and you are no longer under the UCMJ. You cannot be recalled from the Retired List.
Officers are a whole different set of rules. There are limits and do require in some cases congressional approval. My understanding is no service can have more than 10 or 15 General Officers on active duty at one time.
Had an incident few years back, forget the particulars but it had something to do with the way I was dressed. I think I had just left the gym or track and had sweats on in the Exchange. A man approached and said I was not properly dressed. I politely told him to stop bothering me, he said he was a Major, I responded “I’m on the “Retired List” so I could care less.” Or words to that effect. Left him speechless, I thought it was funny.
Field grade officers are a special case. Don't want to have some kind of Latin American junta arising.
People who enlist and see out their six year obligation, while they may personally hold themselves to their oath, their obligations ends with their contract. People who stay 20 and retire are an entirely different category.
From what I understand the big question is, does your obligation end if you are being paid by the government? (Retirement check) My certificate and orders transferring me to the Retired List were pretty clear. No obligation, no UCMJ.
See Post #24
When you chose the life, you willingly accept restrictions on some of your Constitutional and Inalienable Rights. Your right to free speech, your right to freedom to assemble may have restrictions under the UCMJ. You are held to a different standard. Military and civilian courts have upheld those restrictions. It is the price you pay for living the dream.
I doubt there could be any prosecution for anything done after retirement but they could be brought back and charged for activity before they were retired. Once brought back they would be subject to the full code.
I always knew that I could be recalled, but after so many years out, I figured it would never be done. They would have to completely retrain me and I figured they would rather spend the money training some young buck and not waste time on a broken down fat man.
Interesting story, thanks for sharing. 👍
I listen to Steve Bannon, and one of his guests, do not remember the guest’s name, made a comment that Gen. Mark Milley should immediately be called back into the military and tried for treason for his call to China that Trump won’t launch nuclear weapons, because they won’t allow the order to be given. So, that is what made me go looking. Thanks for the kind words. 🙂👍
Unless things have changed in the 20+ years since I got out, all retirees entitled to pay are subject to recall for UCMJ.
Typically, they would not be unless there were aggravating factors to the offense. If a retired E-7 shoplifted something from Walmart, it's likely the military would never even know about it, much less have any interest in pursuing charges, deferring to civil authorities. OTOH, if he were to shoplift from the PX on post, things may be a little different, although, depending on jurisdictional agreements with surrounding civil authorities, may just turn them over to civil authorities, or take administrative actions like barring the person from post, rather than go the UCMJ route.
I am aware of one Sergeant Major (this was 30+ years) ago who was called to active duty for a particularly egregious offense he committed on post.
To be clear however, UCMJ jurisdiction extends to the individual based on their military status, not the location of the offense...so unlike a county sheriff's department who can assert their jurisdiction based on a person's location in the county, military authorities can assert jurisdiction on any person subject to the code regardless of where the offense was committed.
I’m free of the UCMJ now. There is a period of time when all retirees are a component of the Non-Active Reserves though.
A bunch of the old guys from WWII and Korea came back in as contractors to show all the Gunner’s Mates how to operate the 16” Guns on the BBs during Desert Storm.
Damn Skippy!!
UCMJ applies to Commissioned Officers even after retirement.
IIRC, there is the Ready Reserve, which is a seven year call back period after leaving the military.
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