Posted on Jun 2, 2019
Is a person (other then retired Military) that separated from the military still subject to the UCMJ if they receive VA compensation?
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Posted in these groups: 
Department of Veterans Affairs (VA)
Department of Veterans Affairs (VA)
Posted >1 y ago
Responses: 3
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If you did something serious enough connected to your military service, that there was no other way, they'd return you to Active Duty for Court Martial. The Supreme Court has recently upheld this recently. The VA Compensation could be a leveraged. According to this website and US vs Stephenson.
https://www.ucmjdefense.com/resources/jurisdiction-and-competence-of-court-martial/jurisdiction-over-the-offense.html
If any of this looks like, smells, like, tastes like your situation, call an attorney. RP is not legal advice.
There are other murder cases in the last 20 years where the accused allegedly committed the crime when they were subject to UCMJ and subsequently recalled the individual to active duty to stand trial. I just can't find the exact cases. So it is possible.
The MEJA is also relatively new where if you committed a crime in a war zone and subsequently were discharged, they could also leverage the MEJA. They did that with a soldier named Green that was charged with rape in Iraq. His squad mates convicted by CM.
https://www.ucmjdefense.com/resources/jurisdiction-and-competence-of-court-martial/jurisdiction-over-the-offense.html
If any of this looks like, smells, like, tastes like your situation, call an attorney. RP is not legal advice.
There are other murder cases in the last 20 years where the accused allegedly committed the crime when they were subject to UCMJ and subsequently recalled the individual to active duty to stand trial. I just can't find the exact cases. So it is possible.
The MEJA is also relatively new where if you committed a crime in a war zone and subsequently were discharged, they could also leverage the MEJA. They did that with a soldier named Green that was charged with rape in Iraq. His squad mates convicted by CM.
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SSG (Join to see)
If you’re entitled to retired pay, receiving it or not, you are subject to UCMJ. Veterans receiving VA “compensation” are not subject to UCMJ.
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SSG Dale London
This only applies to you if you are on the retired list. If you have separated and your IRR obligation has expired you're done with the UCMJ.
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LTC Jason Mackay
SSG Dale London - they did this in the last 10 years. The case was a cab driver stabbed be a marine or a soldier. They returned him to AD decades after the crime. I can't find it for the life,of me. The lawyers cite the Toth precedent which was overturned by the Supreme Court. Basically they can't use article 3 to recall you, but it's been done and it stuck.
Doesn't matter what we say here. What ever turd is in this guy's punch bowl is netween him, his lawyer, and Uncle Sam.
Doesn't matter what we say here. What ever turd is in this guy's punch bowl is netween him, his lawyer, and Uncle Sam.
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No.
However, if the statute of limitations is not up, it is possible to be recalled to active duty for something that happened while on active duty.
VA Compensation status has nothing to do with it.
However, if convicted by Court-Marshall, chances are good that the ensuing bad conduct discharge would cause the VA Compensation to be rescinded and collected back.
However, if the statute of limitations is not up, it is possible to be recalled to active duty for something that happened while on active duty.
VA Compensation status has nothing to do with it.
However, if convicted by Court-Marshall, chances are good that the ensuing bad conduct discharge would cause the VA Compensation to be rescinded and collected back.
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No. When you are out - you are out. VA compensation does not revert you to any military status.
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