Publicy proving you're an idiot is part of the attraction of JPP.
...and you still don't get it.
Mr. Tiny Penis,
Called it!
For Military Retirees: Yes, you can fall under the UCMJ
- Thread starter Dutch Uncle
- Start date
Mr. Tiny Penis,
Called it!
Street Glider
Verified User
A word to the wise: Don't risk your veteran status or retirement by becoming an enemy of the Constitution.
https://www.militarytimes.com/news/...ary-retirees-under-the-ucmj-maybe-it-depends/
You need to define "attacking the Constitution".
Hell, that could mean anyone trying to enact further restrictions on gun ownership is attacking the 2nd Amendment.
As for being prosecuted under the UCMJ, as a practical matter it would never, ever happen. Ever.
Unless a retiree committed a crime on board a military installation, it would require the civilian authorities to turn that person over to military authorities, and I can't envision a single scenario in which that would occur...
NiftyNiblick
1960s Chick Magnet
As a war veteran in good standing, despite my attitude about it, let me take this opportunity to mention
that there are few things in this universe about which I care less than the Uniform Code of Military Justice.
Your blood sugar and cholesterol blood work numbers probably rank very, very slightly higher on the list, and trust me,
they're pretty fucking low down.
This is the very first post that I've read after my most recent "ignore list" dump,
and I have to say,
I'm quite sorry already! I don't why I keep doing that, but I always regret it.
Other than that, though, I hope all has been well, Oom.
Dutch Uncle
* Tertia Optio * Defend the Constitution
1/6 is an example; attempting to violently overthrow the US government. Free speech is one thing, but supporting the overthrow of the Federal government, either physically or materially, is attacking the Constitution.
Go ahead and bet your pension on it, PO Glider, but since you already admitted you won't do anything except talk, you're safe.
Dutch Uncle
* Tertia Optio * Defend the Constitution
Then don't sweat it, Nibby. Now lie and say I'm back on ignore. LOL
NiftyNiblick
1960s Chick Magnet
Not yet, but we both know it's inevitable!
And I've never lied about that, but I don't at all doubt that you're sure that I have.
You can't imagine yourself as not being must-see TV, and I don't hold that against you.
Self-esteem is good to have, and who has to work on it more than a Texan?
Street Glider
Verified User
1/6 is an example; attempting to violently overthrow the US government. Free speech is one thing, but supporting the overthrow of the Federal government, either physically or materially, is attacking the Constitution.
Go ahead and bet your pension on it, PO Glider, but since you already admitted you won't do anything except talk, you're safe.
Tell you want, Slingblade, be sure to get back to me when they start trying retirees who were at the Capitol on 1/6 in military courts.
I swear to God, you're a fucking idiot...
T. A. Gardner
Thread Killer
First, the UCMJ only applies to persons in the military on active duty. For those in other statuses like the reserve and not at drill or on active duty orders, those in the IRR, etc., the UCMJ does not apply. It also doesn't apply to retirees.
On the other hand, there are laws in federal statutes that suspend payment of retirement annuities both civilian and military to those receiving them if they are convicted of a federal felony and are serving time in prison. They do receive their payments if on parole.
On the other hand, there are laws in federal statutes that suspend payment of retirement annuities both civilian and military to those receiving them if they are convicted of a federal felony and are serving time in prison. They do receive their payments if on parole.
Dutch Uncle
* Tertia Optio * Defend the Constitution
Once they do, I have no doubt you'll be whining to me about it after I cheer the decision, Petty Officer Dumbass.
There's no doubt in my mind that you truly believe I'm a fucking idiot.
Dutch Uncle
* Tertia Optio * Defend the Constitution
https://www.navy.mil/About/Our-Heritage/
This Day in Naval History - November 16
1776 The first salute of an American flag (Grand Union Flag) by a foreign power is rendered by the Dutch at St. Eustatius, West Indies in reply to a salute by the Continental ship Andrew Doria.
1798 The warship Baltimore is halted by the British off Havana, intending to impress Baltimores crew who could not prove American citizenship. Fifty-five seamen are imprisoned though 50 are later freed.
1942 USS Woolsey (DD 437), USS Swanson (DD 443), and USS Quick (DD 490) sink the German submarine U-173 off Casablanca, French Morocco.
1963 President John F. Kennedy, on board USS Observation Island (EAG 154), witnesses the launch of Polaris A-2 missile by USS Andrew Jackson (SSBN 619).
1973 Skylab 4 is launched and recovery is performed by USS New Orleans (LPH 11)
This Day in Naval History - November 16
1776 The first salute of an American flag (Grand Union Flag) by a foreign power is rendered by the Dutch at St. Eustatius, West Indies in reply to a salute by the Continental ship Andrew Doria.
1798 The warship Baltimore is halted by the British off Havana, intending to impress Baltimores crew who could not prove American citizenship. Fifty-five seamen are imprisoned though 50 are later freed.
1942 USS Woolsey (DD 437), USS Swanson (DD 443), and USS Quick (DD 490) sink the German submarine U-173 off Casablanca, French Morocco.
1963 President John F. Kennedy, on board USS Observation Island (EAG 154), witnesses the launch of Polaris A-2 missile by USS Andrew Jackson (SSBN 619).
1973 Skylab 4 is launched and recovery is performed by USS New Orleans (LPH 11)
NiftyNiblick
1960s Chick Magnet
It may have been November 16 on that cool day that I eagled the ninth at Far Corner in Boxford.
Big drive, bending left to right opposite my normal draw.
Five wood to seven or eight feet from the stick. Plop went the putt.
That was good because I was playing with a well-known placekicker that day--in the height of football season.
He was supposed to be nursing a pulled groin muscle.
Maybe he really had one.
After all, he didn't make an eagle that day.
Big drive, bending left to right opposite my normal draw.
Five wood to seven or eight feet from the stick. Plop went the putt.
That was good because I was playing with a well-known placekicker that day--in the height of football season.
He was supposed to be nursing a pulled groin muscle.
Maybe he really had one.
After all, he didn't make an eagle that day.
1--6s military people were charged. Lots of them were. https://www.military.com/daily-news...ry-accused-of-storming-capitol-january-6.html
Dutch Uncle
* Tertia Optio * Defend the Constitution
Five. All are also facing civil charges. The military may be waiting for some of their cases to be resolved before taking action on them.
T. A. Gardner
Thread Killer
They can only be charged under the UCMJ if they were in an active-duty status. Now, they can be dismissed (officer) or discharged from the service if convicted of a felony. Misdemeanors are much more difficult to justify discharging someone over with a few exceptions like illegal drug use. Even then, the process is administrative, not judicial.
Dutch Uncle
* Tertia Optio * Defend the Constitution
The previous point being that such laws can be changed by Congress. Since so few Americans choose to serve their country in the military, I suspect there will be little Congressional or public sympathy for violent domestic terrorists who are collecting a military paycheck be it active duty or pension. Same goes for VA benefits.
You and I both know how quickly Congress will throw minority groups under the bus to make themselves look good. Vets are a minority. The treatment of both McCain and Kerry is one example.
SmarterthanYou
rebel
for the very same reasons that retired or resigned law enforcement officers get to keep their benefits if convicted of crimes after their service, so should veterans of armed forces get to keep theirs.
Dutch Uncle
* Tertia Optio * Defend the Constitution
https://www.wfaa.com/article/news/l...esks/287-86884e4d-2a60-4b4f-93ea-ee59150d2e0b
North Texas man convicted for involvement in Jan. 6 Capitol riot, including rifling through senators' desks
Larry Brock -- a Grapevine, Texas, man and retired lieutenant colonel in the U.S. Air Force -- was found guilty of six charges, including one felony.
North Texas man convicted for involvement in Jan. 6 Capitol riot, including rifling through senators' desks
Larry Brock -- a Grapevine, Texas, man and retired lieutenant colonel in the U.S. Air Force -- was found guilty of six charges, including one felony.
T. A. Gardner
Thread Killer
The UCMJ curtails many constitutional rights as well as legal privileges civilians have. Congress cannot apply it to those that served or are serving but not on active duty. Stripping persons of earned contractual rewards is also illegal. That is, if someone served honorably and retired they are entitled to their pension. It wouldn't matter if they committed mass murder later, because they legally earned that retirement pay. The feds do curtail it if and only if someone is placed in federal custody because they have control over that. Violating state laws doesn't count.
VA benefits are overrated. No veterans I know with an alternative to VA healthcare uses VA healthcare. It's widely considered a last resort, sort of like a "free clinic" where you get shitty service and incompetent health care. The various GI bill programs and the VA mortgage loan programs are used, but even then only by a minority of veterans overall. Officers don't need the GI bill, and only maybe half or less of veterans go to college after serving. VA mortgages are the same way.
Dutch Uncle
* Tertia Optio * Defend the Constitution
"Act of Congress". Who writes the UCMJ? Congress.
https://www.af.mil/News/Article-Display/Article/1723217/uniform-code-of-military-justice-changes/
The UCMJ’s is Chapter 47, Title 10, United States Code and can only be changed by legislation while the MCM is issued by the president as an Executive Order.
Dutch Uncle
* Tertia Optio * Defend the Constitution
I didn't recall that the UCMJ didn't exist before 1951. Notice it's been changed a few times since.
https://www.military.com/join-armed-forces/the-uniform-code-of-military-justice-ucmj.html
Congress created the UCMJ and periodically makes changes to it through legislation, usually as part of the National Defense Authorization Act or NDAA.
As constitutionally mandated, Congress creates the laws contained in the UCMJ. The president with the constitutional power of the execution and enforcement of those laws creates and maintains the Manual for Courts Martial or MCM, which contains the penalties for breaking any of the laws prescribed by Congress.
If a service member commits an offense that involves the civilian or international community, the military may choose to let civilian authorities handle the case. However, a military member may be tried for the same crime in both a civilian and military court under separate charges.
https://www.military.com/join-armed-forces/the-uniform-code-of-military-justice-ucmj.html
Congress created the UCMJ and periodically makes changes to it through legislation, usually as part of the National Defense Authorization Act or NDAA.
As constitutionally mandated, Congress creates the laws contained in the UCMJ. The president with the constitutional power of the execution and enforcement of those laws creates and maintains the Manual for Courts Martial or MCM, which contains the penalties for breaking any of the laws prescribed by Congress.
If a service member commits an offense that involves the civilian or international community, the military may choose to let civilian authorities handle the case. However, a military member may be tried for the same crime in both a civilian and military court under separate charges.