Posted on Feb 26, 2019
Military retirees can still be court-martialed, Supreme Court affirms
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To my mind, that does not make any sense to me. I know retirees are recallable to AD, but even for a civilian DWI after retirement? What a strange and wonderful world we live in. As a retired Police Sergeant, if I get whacked with a felony or a major misdemeanor, I can lose my pension. And that makes sense to me. Damn, I don't know. What happened to double jeopardy?
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If retirees are subject to the UCMJ because they are "a continuing member of the 'land and naval forces'", does the same hold true for members on IRR? Even though they are not drawing a salary?
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PO1 (Join to see)
I know there is a legal answer to this, I wanted to pose it as a discussion point.
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MAJ Montgomery Granger
I think it's all overkill. I think we are either civilians or we're not. The fact that we EARNED certain benefits while working as military employees should not put us in double-jeopardy, beholden to civil and military law. The military requires a stricter set of rules and discipline than the civilian world, and for good reason. Mistakes made while in uniform could cost lives. There must be a strong set of rules to govern the specialized duties and mission of military personnel. Part of the relief and satisfaction of retirement is being able to relax and enjoy the liberty and freedom we wrote a blank check for to defend. It is unfair to expect a soldier, who has done their duty to God and country, to never be able to live "at ease." High expectations as a soldier are pro forma. But as civilians we need to be cut some slack, paid or not. They want to call me back in? Call me back in; my oath had no expiration date, but I am now a civilian, proud of my military service, but also relieved that that part of my life is behind me. More stress, more risk, higher standards of conduct. Over, thank you.
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PO1 (Join to see)
MAJ Montgomery Granger - I agree with you. I also agree with this statement from the article: "He receives pay in the form of his military pension, but he holds no active rank; he has no commanding officer or subordinates; he lacks the authority to issue binding orders; he has no obligation to follow orders; he performs no duties; and he participates in no regular military activities."
I was unaware that collecting a military pension also allowed for you to be called back to service. You are either a civilian or you're not.
If you were to be "disrespectful" towards a retired LTC (or up), could you face UCMJ charges under Article 89 (Disrespect towards a super commissioned officer)? Furthermore, could you as a retired officer initiate UCMJ action against another retired (or even active) member?
Again, I agree with you. Just having some fun discussion.
I was unaware that collecting a military pension also allowed for you to be called back to service. You are either a civilian or you're not.
If you were to be "disrespectful" towards a retired LTC (or up), could you face UCMJ charges under Article 89 (Disrespect towards a super commissioned officer)? Furthermore, could you as a retired officer initiate UCMJ action against another retired (or even active) member?
Again, I agree with you. Just having some fun discussion.
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