Posted on Sep 5, 2018
Could a retired E6 be recalled for Arson/Insurance fraud if he committed the crime while still active duty army?
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Do they consider statute of limitations?
Posted in these groups: 
UCMJ
UCMJ
Posted 6 y ago
Responses: 15
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In short, yes. The UCMJ isn't like civilian courts and law even though it's framed based on federal law. If you're subject to retiree pay, you're subject to being recalled to pay for your mistakes.
"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".
This is not an occurrence that happens regularly, but should be somewhere in the back of your mind, "taking off the uniform doesn't always make you free".
http://forums.militarytimes.com/showthread.php/7331-Retirees-subject-to-recall-for-UCMJ-Prosecution
"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".
This is not an occurrence that happens regularly, but should be somewhere in the back of your mind, "taking off the uniform doesn't always make you free".
http://forums.militarytimes.com/showthread.php/7331-Retirees-subject-to-recall-for-UCMJ-Prosecution
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Could they? Yes, they can recall ETS and retired personnel for Courts Martial. Will they? Unclear. There are so many other factors to consider. It would be a method of last resort. Talk to an attorney familiar with military law. The variables are many. Was anyone hurt or killed? Likelihood increases. Government property? Is there another jurisdiction involved? Anyone on RP is just guessing. TTYA.
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LTC Jason Mackay
Source: back issue of Army Echoes
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.
You may look up the sources in the MCM and AR 27-10
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.
You may look up the sources in the MCM and AR 27-10
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LTC Jason Mackay
Ellen Nabonne as I was reminded about this post today, there is a memorandum of agreement between DoD and DoJ. Basically says DoJ has the lead in offenses committed in the civilian sector (off post, civilian accomplices etc) so it’s really a question for the local DA what they do with the case. The military only invokes Art2 when it has a compelling reason to do so.
Boils down to arson statute of limitations in that jurisdiction and evidence.
Boils down to arson statute of limitations in that jurisdiction and evidence.
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There are a lot of interesting cases out there.
Once was a warrant that was facing a show-cause board while also going through MEB.
As his escort, I believed the physical I was taking him to was for his MEB process but was actually his final physical. He was able to get his DD214 and outprocess the Army without anyone in the show cause board proceedings aware of it (Being in a 4 star command, the leadership doesnt always communicate with the HQ BN).
In the end, one of our Majors flew to PA, apprehended him, and he was brought back on active duty to face the music. It did not go well. He tried to sue the Army as his lawyer believed the Army had no jurisdiction but that got thrown out real quick.
Once was a warrant that was facing a show-cause board while also going through MEB.
As his escort, I believed the physical I was taking him to was for his MEB process but was actually his final physical. He was able to get his DD214 and outprocess the Army without anyone in the show cause board proceedings aware of it (Being in a 4 star command, the leadership doesnt always communicate with the HQ BN).
In the end, one of our Majors flew to PA, apprehended him, and he was brought back on active duty to face the music. It did not go well. He tried to sue the Army as his lawyer believed the Army had no jurisdiction but that got thrown out real quick.
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CW5 (Join to see)
He had lost his security clearance due to some, ahem, legal issues. His picture is on a registry....
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LTC Jason Mackay
SSG Warren Swan - CW5 (Join to see) combined, all of those things are a shit sandwich. None of it moves forward quickly. Languish for months, then all of a sudden, bam, guy has to be out by Friday.
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CW5 (Join to see)
Well the judge determined otherwise. It was not a good day (well month) for him. And the police ended up charging him for not registering change of address for a sex offender when he up and left the installation on the weekend to stay with friends. He was told not to go anywhere until his case was finished.
Moral of the story? Dont mess with your step daughter. Especially when she is 15.
There is a whole lot more to this but I will let sleeping dogs lie.
Moral of the story? Dont mess with your step daughter. Especially when she is 15.
There is a whole lot more to this but I will let sleeping dogs lie.
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