Can the Pentagon prosecute military retirees under the UCMJ? Maybe — it depends.

Those “rules” read like Chinese stereo instructions, translated to English, by an ESL student from Zimbabwe.

By Law, and this is once more for those that have not been paying attention. The ONLY ones that are subject to recall for UCMJ action are those from the branches of the Navy and Marine Corps that retire before they reach 30 years of service. If they retire before 30 years they are put into Fleet Navy-Marine reserve in which they are paid a retainer and are subject to recall up to their 30 year mark. The Army and Air Force have no such clause or stipulation. You retire at 20 or 20+ and you are done, the UCMJ holds no further sway UNLESS you committed some crime while you were on duty and that is later found out. Then you can be recalled and tried.

AD is subject to UCMJ as are reservists that are active at the time.

If a person gets out prior to retiring they are not subject to UCMJ for any actions done after they get out. If a reservist retires, the same applies.

The instance of a retired reservist NCO versus a retired active duty NCO tome is one of the most confusing aspects of how retirees can be handled. That is just stupid, the UCMJ needs to be more consistent.

I still don't buy into the call on these people as "Insurrectionists." There was no way that few people without a ton of outside assistance could overthrow the government.