Posted on Aug 12, 2019
New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed
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I believe that if a crime was committed during your active service time you should be called back to face the music...IMHO
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What i find odd about this ruling is it makes retirees more subject to UCMJ than drilling reservists.
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Seems being Navy or Marines is the kicker -
Members of the Fleet Reserve/Fleet Marine Corps Reserve (FR/FMCR), as enlisted retired Navy or Marine Corps personnel who have not served a total of 30 years of combined active, reserve, and retired service.
However this raises the question about the Corps of Cadets - why are they considered "active duty status"?
Cadets and midshipmen at the United States Military Academy, United States Naval Academy, United States Air Force Academy, United States Merchant Marine Academy, and United States Coast Guard Academy are subject to the UCMJ at all times because they are in an active duty status while at a Military Service Academy. I think KP is not covered by UCMJ as they are issued reserve ID cards? Not 100% sure on the Merchant Marines.
Members of the Fleet Reserve/Fleet Marine Corps Reserve (FR/FMCR), as enlisted retired Navy or Marine Corps personnel who have not served a total of 30 years of combined active, reserve, and retired service.
However this raises the question about the Corps of Cadets - why are they considered "active duty status"?
Cadets and midshipmen at the United States Military Academy, United States Naval Academy, United States Air Force Academy, United States Merchant Marine Academy, and United States Coast Guard Academy are subject to the UCMJ at all times because they are in an active duty status while at a Military Service Academy. I think KP is not covered by UCMJ as they are issued reserve ID cards? Not 100% sure on the Merchant Marines.
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