Retired Servicemembers and Military Justice

Military Jurisdiction over Retired Servicemembers - CRS Reports

Military retirees, for the most part, maintain a legal military status and are therefore subject to military law. (For information on military ...

Former Marine challenges power of courts-martial to try military ...

Under the Uniform Code of Military Justice, military courts-martial retain jurisdiction over retired servicemembers. Courts-martial can ...

Can a Retired Military Officer Get Court-martialed? - MilitaryLaw.com

The Military's Jurisdiction Over Retirees ... Service members are still considered part of the Armed Forces when they retire from the military.

Military Retiree Court-Martial Jurisdiction: Trials and Tribulations

So who is a retired service member? There are three categories of a retiree, (1) those retired from active-duty (Regular. Component), (2) ...

Can You Be Charged Under the UCMJ After Discharge?

Issues like these where retired service members and veterans are called back to be prosecuted using the UCMJ are only expected to continue ...

REINSTATE FREEDOM OF SPEECH FOR MILITARY RETIREES

Military retirees became subject to the UCMJ when it was enacted in 1951, a move that caused some initial controversy, but otherwise has been ...

Retired Servicemembers and Military Justice: Separating Facts from ...

Military lawyers divide retirees into two groups: those who have committed crimes while on active duty and those who have committed crimes after retirement.

The Prosecution of Military Retirees Under the Uniform Code of ...

Since the Uniform Code of Military Justice's inception in 1950, the code has allowed the military to court-martial certain military retirees.

Can You be Charged Under the UCMJ After Discharge?

It's usually reserved for charging active-duty service members, but the code also allows certain retirees to be court-martialed. Now, certain legal cases are ...

Military Legal Assistance & Counsel

Active-duty military, reserve and guard members (depending on status), and retired service members and their families are eligible for free ...

Can the Pentagon prosecute military retirees under the UCMJ? Maybe

The UCMJ does not apply to veterans who were discharged before reaching 20 years of service and qualifying for a retirement. For reservists, the ...

Responsibilities and Restrictions After Military Retirement

After retirement, a service member still has responsibilities towards the military. Also, there are ethical and legal restrictions on military retirees.

Servicemembers and Veterans Initiative | Topics

The Servicemembers and Veterans Initiative also identifies current legal issues affecting servicemembers and veterans and coordinates with Judge Advocate ...

DC Circuit finds court-martial of military retirees constitutional

With the door open for court-martialing retired servicemembers, a dissenting judge argues millions of Americans have lost a constitutional ...

Do Retired Military Still Fall Under UCMJ?

The Legal Boundaries for Retired Service Members ... As someone who once wore the uniform, it's essential to understand how military law continues to influence ...

Retirees | US Military Defense Lawyer Philip D. Cave

Whether court-martial jurisdiction over retirees can be limited is being litigated federal courts. The Court of Appeals for the Armed Forces has turned back ...

UCMJ Jurisdiction for Retirees

Written By Spring 2021 M-VETS Student Advisor Brady Clapp. The Uniform Code of Military Justice (“UCMJ”) is the Congressionally enacted set ...

Anyone ever seen a retiree pulled back on AD to face UCMJ for ...

Department of the Army policy provides that Retired Soldiers subject to the UCMJ will not be tried for any offense by any courts-martial unless ...

FIRST PRINCIPLES: Jurisdiction: In Personam

(although retirees are still part of the armed forces and subject to the UCMJ, persons who have completely separated from the military are not). (civilian ...

Can A Military Retiree Be Court-Martialed? - Virginia Lawyer

Philip Cave is a retired Navy judge advocate with 42 years of military law ... Cave, Retired Servicemembers and Military Justice: Separating Fact ...