[LinuxLover]

Court: Retirees Can Be Court-
Martialed for Crimes Committed After Service

Week of February 25, 2019
Military.com

LINK: Click Here
The U.S. Supreme Court has upheld the Defense Department's authority to prosecute retired service members for crimes they commit, even after retirement.

The court on Tuesday chose not to hear the case of a retired Marine who was court-martialed for a sexual assault he committed three months after leaving the service in August 2015.

By not accepting the case, Larrabee v. the United States, the court upheld the status quo: that military retirees are subject to the Uniform Code of Military Justice.

The law stipulates that "retired members of a regular component of the armed forces who are entitled to pay" and "members of the Fleet Marine Corps Reserve" are subject to court-martial jurisdiction.

The reasoning, the government argues, is that retirement is simply a change of military status and retired personnel are subject to recall should the need arise. (RED: mine)

{ I broke this single paragraph up into smaller bites with full credits and URLs back to the original post }

Read more about the case on Military.com.

 

[NAZG26]

Well you are receiving a gov paycheck. You did 20+ years in the armed forces. Act right.

 

[LinuxLover]

Well you are receiving a gov paycheck. You did 20+ years in the armed forces. Act right.

Not ME!

OH --->wait a minute --- I don't mean that I don't act right ---> I just never retired after only almost 6 years in.

I even got debriefed after my HONORABLE DISCHARGE from the US Navoo.

My rating as a Shipfitter was overfilled and there was no way they wanted me to even ship over (or to your Army dudes - Re-Up)

Without the debriefing, I was told ---> you're still eligible for call-up.

BUT - think of this --- IF you get busted for any form of drug abuse (did anyone mention grass? I just did - which is still a federal offense) -- you run the risk of losing your pension and commissary privileges. :0

 

[LinuxLover]

Found a little more on the links in that article:

"Furthermore, Vladeck said in an interview with Military.com, there are articles in the UCMJ that could place many military retirees at risk for arrest, and the U.S. Supreme Court has an interest in weighing in on how cases involving retirees are handled.

He cited one provision in the UCMJ that makes "contemptuous words" used by a commissioned officer "against the president, the vice president, Congress" and others as punishable by court-martial.

"From Adm. Bill McRaven to Gen. Michael Hayden and Gen. Martin Dempsey, some of President Donald Trump's more visible critics of late have been retired military officers. And a provision of federal law ... makes it a crime, triable by court-martial," he wrote in a blog post on Lawfare. "But does the Constitution really allow the government to subject to military trial those who have retired from active duty -- in some cases, long ago -- even for offenses committed while they are retired?"

Yes, it does, according to the Supreme Court, in its denial of Larrabee's and Dinger's writs of certiorari."​

 

[JoeCitizen]

So, if with my current employer I miss a plane that was to take me to a meeting the military can punish me for failure to go/missing a movement? If I dose off at work, the military can punish me for dereliction? If I get in a fist fight, the local base can step in and haul me off? DUI, they step in? Will I be notified soon that I must still comply with weight and fitness standards? Guess I'm simple minded, none of this is making sense.

 

[LinuxLover]

Well.... I'd work on the weight and fitness standards as a personal, healthy-anyways priority and just leave the UCMJ stuff to your nightmares, wondering IF and WHEN the MPs are coming for you.

Seems right somehow.

 

[cadillacguns]

Retired personnel have been recalled to Active Duty, for crimes committed while they were on active duty.

 

[Highspeed93]

The only time something like that happens is if the individual in question committed a serious crime (rape, murder, war crimes or something very bad like that) while still on active duty and it is discovered years later. If I get court-martialed for a missed dental appointment from 5 years ago I will let GT know ASAP :animlol:

 

[Highspeed93]

Retired personnel have been recalled to Active Duty, for crimes committed while they were on active duty.

I do not see a problem with that, just because one leaves the military x number of years ago does not dismiss him or her of any wrong he or she committed while still on active duty. IE, rape, murder, war crimes etc etc.

 

[LinuxLover]

I do not see a problem with that, just because one leaves the military x number of years ago does not dismiss him or her of any wrong he or she committed while still on active duty. IE, rape, murder, war crimes etc etc.

Yeah -- but --- does Switzerland have an extradition treaty with the US?

I know --- I know --- but where IS Switzerland in the US located?

 

[Highspeed93]

Yeah -- but --- does Switzerland have an extradition treaty with the US?

I know --- I know --- but where IS Switzerland in the US located?

It depends on the crime committed, American citizens have been extradited back to USA before. The crime committed would have to be a crime in both Switzerland (and obviously the U.S.) very few American financial laws are applicable to Swiss law.