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UCMJ after discharge?

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BBSlm

Junior Member
What is the name of your state? WA

Can you be tried for any military crimes after you have been discharged? I was with another women before my divorce was final and it resulted in a baby. I will be ETSing shortly and getting out of the military. Can i be tried for any thing after my seperation if she wants to cause trouble down the road?

What if i was to join the gaurd or reserve down the road. Would she be able to get me in trouble with them?
 


SHORTY LONG

Senior Member
Absolutely You Can Be Cm After Being Discharged!

22 MARCH 2006

Hopefully, Col. Badapple40 will further shed light on being CM after being discharged! I know that there is in the UCMJ Articles on this; I just do not know where they are; and it depends on many factors for them to bring you back for a CM after discharging you! And about joining the Guard, this I do not know either whither it would run over into your new Military choices. Shorty

BBSlm said:
What is the name of your state? WA

Can you be tried for any military crimes after you have been discharged? I was with another women before my divorce was final and it resulted in a baby. I will be ETSing shortly and getting out of the military. Can i be tried for any thing after my seperation if she wants to cause trouble down the road?

What if i was to join the gaurd or reserve down the road. Would she be able to get me in trouble with them?
 
T

thepizzaguy

Guest
BBSlm said:
What is the name of your state? WA

Can you be tried for any military crimes after you have been discharged? I was with another women before my divorce was final and it resulted in a baby. I will be ETSing shortly and getting out of the military. Can i be tried for any thing after my seperation if she wants to cause trouble down the road?

What if i was to join the gaurd or reserve down the road. Would she be able to get me in trouble with them?
This might help a little bit. It is a bit confusing, but it basicaly says who is covered by the UCMJ. As SHORTY said before, maybe Badapple or Fozzy can comment on this one.

802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER

(a) The following persons are subject to this chapter:

(1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in the armed forces, from the dates when they are required by the terms of the call or order to obey it.

(2) Cadets, aviation cadets, and midshipman.

(3) Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal Service.

(4) Retired members of a regular component of the armed forces who are entitled to pay.

(5) Retired members of a reserve component who are receiving hospitalization from an armed force.

(6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.

(7) Persons in custody of the armed forces serving a sentence imposed by a court-martial.

(8) Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces.

(9) Prisoners of war in custody of the armed forces.

(10) In time of war, persons serving with or accompanying an armed force in the field.

(11) Subject to any treaty or agreement t which the United States is or may be a party to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(12) Subject to any treaty or agreement t which the United States is or may be a party to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for use of the United States which is under the control of the Secretary concerned and which is outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under subsection (a) and change of status from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment. (c) Notwithstanding any other provision of law, a person serving with an armed force who--(1) Submitted voluntarily to military authority; (2) met the mental competence and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submissions to military authority: (3) received military pay or allowances; and (4) performed military duties: is subject to this chapter until such person's active service has been terminated in accordance with law or regulations promulgated by the Secretary concerned. (d) (1) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of-(A) investigation under section 832 of this title (article 32); (B) trial by court-martial; or (C) non judicial punishment under section 815 of this title (article15). (2) A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was (A) on active duty; or (B) on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service. (3) Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the President. (4) A member may be ordered to active duty under paragraph (1) only by a person empowered to convene general courts-martial in a regular component of the armed forces. (5) A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary concerned, may not—(A) be sentenced to confinement; or (B) be required to serve a punishment of any restriction on liberty during a period other than a period of inactive-duty training or active duty (other than active duty ordered under paragraph (1).
 
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badapple40

Senior Member
The issue is:

1) Whether this is a complete discharge, or a discharge into the IRR.

2) If a complete discharge, then you are good to go. If a discharge into the IRR, it is on shakier ground, because of this provision:

(d)(1) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of-
(A) investigation under section 832 of this title (article 32);
(B) trial by court-martial; or
(C) non judicial punishment under section 815 of this title (article 15).
(2) A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was
(A) on active duty

There is also Article 803:

(a) Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United States or of a State, a Territory, or District of Columbia, may be relieved from amenability to trial by court-martial by reason of the termination of that status.

The issue with 803 is that the MCM limits punishment to confinement for adultery at 1 year.

But there is also a provision of the UCMJ that allows them to call you to active duty while a reservist or guardsman.

The SAFEST bet is to wait for the 5 year statute of limitations on the adultery run out, THEN join the guard or reserve if that is what you have your heart set on.
 

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