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Old 03-03-2019, 09:59 AM
 
Location: New Mexico U.S.A.
24,798 posts, read 40,215,488 times
Reputation: 28926

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Quote:
Originally Posted by Rabrrita View Post
I bet a whole lot of retirees had no idea that under 10 U.S. Code § 802. Art. 2 (a), any retiree who is receiving retirement pay is still subject to the UCMJ. You can be arrested by military authorities, go on trial in a military court, and sentenced under the UCMJ. The provision apply to any UCMJ violation the retiree commits even if it was off base, involved only a civilian and had no connection to the military. This is not new, so why a retiree wasn't aware, beats me!
That is a pretty long code....


Content Details
10 U.S.C. 802 - Art. 2. Persons subject to this chapter


What Title?

https://www.govinfo.gov/app/details/...sec802/context

Quote:
Title 1 - GENERAL PROVISIONS

(Sections 1 - 213)


Title 2 - THE CONGRESS

(Sections 1 - 6654)


Title 3 - THE PRESIDENT

(Sections 1 - 471)


Title 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

(Sections 1 - 146)


Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

(Sections 101 - 11001)


Title 6 - DOMESTIC SECURITY

(Sections 101 - 1533)


Title 7 - AGRICULTURE

(Sections 1 - 9097)


Title 8 - ALIENS AND NATIONALITY

(Sections 1 - 1778)


Title 9 - ARBITRATION

(Sections 1 - 307)


Title 10 - ARMED FORCES

(Sections 101 - 18506)


Table Of Contents



Front Matter



Subtitle A - General Military Law (Sections 101 - 2926)



Table Of Contents



Front Matter



PART I - ORGANIZATION AND GENERAL MILITARY POWERS (Sections 101 - 499a)



PART II - PERSONNEL (Sections 501 - 1805)



Table Of Contents



Front Matter



CHAPTER 31 - ENLISTMENTS (Sections 501 - 520c)



CHAPTER 32 - OFFICER STRENGTH AND DISTRIBUTION IN GRADE (Sections 521 - 528)



CHAPTER 33 - ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES ABOVE WARRANT OFFICER GRADES (Sections 531 - 565)



CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST (Sections 571 - 583)



CHAPTER 34 - APPOINTMENTS AS RESERVE OFFICERS (Sections 591



CHAPTER 35 - TEMPORARY APPOINTMENTS IN OFFICER GRADES (Sections 601 - 604)



CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST (Sections 611 - 647)



CHAPTER 37 - GENERAL SERVICE REQUIREMENTS (Sections 651 - 657)



CHAPTER 38 - JOINT OFFICER MANAGEMENT (Sections 661 - 668)



CHAPTER 39 - ACTIVE DUTY (Sections 671 - 691)



CHAPTER 40 - LEAVE (Sections 701 - 709a)



CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES (Sections 711 - 722)



CHAPTER 43 - RANK AND COMMAND (Sections 741 - 750)



CHAPTER 45 - THE UNIFORM (Sections 771 - 777a)



CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE (Sections 801 - 946a)



SUBCHAPTER I - GENERAL PROVISIONS (Sections 801 - 806b)



Sec. 801 - Article 1. Definitions



Sec. 802 - Art. 2. Persons subject to this chapter



Sec. 803 - Art. 3. Jurisdiction to try certain personnel



Sec. 804 - Art. 4. Dismissed officer's right to trial by court-martial



Sec. 805 - Art. 5. Territorial applicability of this chapter



Sec. 806 - Art. 6. Judge advocates and legal officers



Sec. 806a - Art. 6a. Investigation and disposition of matters pertaining to the fitness of military judges



Sec. 806b - Art. 6b. Rights of the victim of an offense under this chapter



SUBCHAPTER II - APPREHENSION AND RESTRAINT (Sections 807 - 814)



SUBCHAPTER III - NON-JUDICIAL PUNISHMENT (Sections 815



SUBCHAPTER IV - COURT-MARTIAL JURISDICTION (Sections 816 - 821)



SUBCHAPTER V - COMPOSITION OF COURTS-MARTIAL (Sections 822 - 829)



SUBCHAPTER VI - PRE-TRIAL PROCEDURE (Sections 830 - 835)



SUBCHAPTER VII - TRIAL PROCEDURE (Sections 836 - 854)



SUBCHAPTER VIII - SENTENCES (Sections 855 - 858b)



SUBCHAPTER IX - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL (Sections 859 - 876b)



SUBCHAPTER X - PUNITIVE ARTICLES (Sections 877 - 934)



SUBCHAPTER XI - MISCELLANEOUS PROVISIONS (Sections 935 - 940a)



SUBCHAPTER XII - UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES (Sections 941 - 946a)



CHAPTER 47A - MILITARY COMMISSIONS (Sections 948a - 950t)



CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES (Sections 951 - 956)



CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES (Sections 971 - 987)



CHAPTER 50 - MISCELLANEOUS COMMAND RESPONSIBILITIES (Sections 991 - 994)



CHAPTER 51 - RESERVE COMPONENTS: STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION (Sections 1001



CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS (Sections 1030 - 1060b)



CHAPTER 54 - COMMISSARY AND EXCHANGE BENEFITS (Sections 1061 - 1065)



CHAPTER 55 - MEDICAL AND DENTAL CARE (Sections 1071 - 1110b)



CHAPTER 56 - DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND (Sections 1111 - 1117)



CHAPTER 57 - DECORATIONS AND AWARDS (Sections 1121 - 1135)



CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR RECENTLY SEPARATED (Sections 1141 - 1154)



CHAPTER 59 - SEPARATION (Sections 1161 - 1178)



CHAPTER 60 - SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS (Sections 1181 - 1187)



CHAPTER 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY (Sections 1201 - 1222)



CHAPTER 63 - RETIREMENT FOR AGE (Sections 1251 - 1275)



CHAPTER 65 - RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE (Sections 1293 - 1315)



CHAPTER 67 - RETIRED PAY FOR NON-REGULAR SERVICE (Sections 1331



CHAPTER 69 - RETIRED GRADE (Sections 1370 - 1376)



CHAPTER 71 - COMPUTATION OF RETIRED PAY (Sections 1401 - 1415)



CHAPTER 73 - ANNUITIES BASED ON RETIRED OR RETAINER PAY (Sections 1431 - 1460b)



CHAPTER 74 - DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND (Sections 1461 - 1467)



CHAPTER 75 - DECEASED PERSONNEL (Sections 1471 - 1491)



CHAPTER 76 - MISSING PERSONS (Sections 1501 - 1513)



CHAPTER 77 - POSTHUMOUS COMMISSIONS AND WARRANTS (Sections 1521 - 1524)



CHAPTER 79 - CORRECTION OF MILITARY RECORDS (Sections 1551 - 1559)



CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES (Sections 1561 - 1567a)



CHAPTER 81 - CIVILIAN EMPLOYEES (Sections 1580 - 1599h)



CHAPTER 83 - CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES (Sections 1601 - 1623)



CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE (Sections 1701 - 1764)



CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE (Sections 1781 - 1800)



CHAPTER 89 - REPEALED (Sections 1801 - 1805)



PART III - TRAINING AND EDUCATION (Sections 2001 - 2200f)



PART IV - SERVICE, SUPPLY, AND PROCUREMENT (Sections 2201 - 2926)



Subtitle B - Army (Sections 3001 - 4842)



Subtitle C - Navy and Marine Corps (Sections 5001 - 7921)



Subtitle D - Air Force (Sections 8010 - 9842)



Subtitle E - Reserve Components (Sections 10001 - 18506)



Title 11 - BANKRUPTCY

(Sections 101 - 1532)


Title 12 - BANKS AND BANKING

(Sections 1 - 5710)


Title 13 - CENSUS

(Sections 1 - 402)


Title 14 - COAST GUARD

(Sections 1 - 2904)


Title 15 - COMMERCE AND TRADE

(Sections 1 - 8549)


Title 16 - CONSERVATION

(Sections 1 - 7810)


Title 17 - COPYRIGHTS

(Sections 101 - 1332)


Title 18 - CRIMES AND CRIMINAL PROCEDURE

(Sections 1 - 6005)


Title 19 - CUSTOMS DUTIES

(Sections 1 - 4454)


Title 20 - EDUCATION

(Sections 1 - 10013)


Title 21 - FOOD AND DRUGS

(Sections 1 - 2252)


Title 22 - FOREIGN RELATIONS AND INTERCOURSE

(Sections 1 - 9548)


Title 23 - HIGHWAYS

(Sections 101 - 610)


Title 24 - HOSPITALS AND ASYLUMS

(Sections 1 - 441)


Title 25 - INDIANS

(Sections 1 - 5636)


Title 26 - INTERNAL REVENUE CODE

(Sections 1 - 9834)


Title 27 - INTOXICATING LIQUORS

(Sections 1 - 228)


Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

(Sections 1 - 5001)


Title 29 - LABOR

(Sections 1 - 3361)


Title 30 - MINERAL LANDS AND MINING

(Sections 1 - 2006)


Title 31 - MONEY AND FINANCE

(Sections 101 - 9705)


Title 32 - NATIONAL GUARD

(Sections 101 - 908)


Title 33 - NAVIGATION AND NAVIGABLE WATERS

(Sections 1 - 4009)


Title 34 - CRIME CONTROL AND LAW ENFORCEMENT

(Sections 10101 - 60554)


Title 35 - PATENTS

(Sections 1 - 390)


Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS

(Sections 101 - 300113)


Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

(Sections 101 - 1015)


Title 38 - VETERANS' BENEFITS

(Sections 101 - 8528)


Title 39 - POSTAL SERVICE

(Sections 101 - 5605)


Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

(Sections 101 - 18304)


Title 41 - PUBLIC CONTRACTS

(Sections 101 - 8707)


Title 42 - THE PUBLIC HEALTH AND WELFARE

(Sections 1 - 18501)


Title 43 - PUBLIC LANDS

(Sections 1 - 2703)


Title 44 - PUBLIC PRINTING AND DOCUMENTS

(Sections 101 - 4104)


Title 45 - RAILROADS

(Sections 1 - 1347)


Title 46 - SHIPPING

(Sections 101 - 80509)


Title 47 - TELECOMMUNICATIONS

(Sections 1 - 1473)


Title 48 - TERRITORIES AND INSULAR POSSESSIONS

(Sections 1 - 2241)


Title 49 - TRANSPORTATION

(Sections 101 - 80504)


Title 51 - NATIONAL AND COMMERCIAL SPACE PROGRAMS

(Sections 10101 - 71302)


Title 52 - VOTING AND ELECTIONS

(Sections 10101 - 30146)


Title 54 - NATIONAL PARK SERVICE AND RELATED PROGRAMS

(Sections 100101 - 320303)

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Old 03-05-2019, 04:29 PM
 
Location: Yucaipa, California
9,682 posts, read 18,086,139 times
Reputation: 6390
I never knew that. good to know.
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Old 03-05-2019, 04:50 PM
 
9,328 posts, read 7,774,396 times
Reputation: 12430
The way it was explained to me was if your in active duty and you commit a crime off base out of uniform then you’re subject to civilian and military court trials. That doesn’t change when you’re no longer active duty. Whether you’re an active reservist or part of the inactive reserves the US Military can take an interest in your case, recall you to active duty, and place you on trial along with civilian trial if they see fit. This isn’t commonly done but it is within their judicial rights to do so. Because of the time it takes they usually defer to civilian courts, especially if the person is inactive reserves. I suspect the nature of the crime contributed to the military trial involvement.
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Old 03-05-2019, 04:55 PM
 
9,328 posts, read 7,774,396 times
Reputation: 12430
I suspect he used his former rank and US Marines connections to promote and operate his bars in Japan, his last duty station. There have been some ongoing resentment towards US service members in that community because of the crimes committed by some of the military service members. This probably became a local high profile crime and the military courts wanted to make an example of him using every available legal method at their disposal. Idiot deserved the punishment and worse. Who intentionally records their crime? The evidence against him came from his own hand.
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Old 03-05-2019, 05:35 PM
 
Location: Murrica
2,847 posts, read 1,615,616 times
Reputation: 1720
Quote:
Originally Posted by victimofGM View Post
The way it was explained to me was if your in active duty and you commit a crime off base out of uniform then you’re subject to civilian and military court trials. That doesn’t change when you’re no longer active duty. Whether you’re an active reservist or part of the inactive reserves the US Military can take an interest in your case, recall you to active duty, and place you on trial along with civilian trial if they see fit. This isn’t commonly done but it is within their judicial rights to do so. Because of the time it takes they usually defer to civilian courts, especially if the person is inactive reserves. I suspect the nature of the crime contributed to the military trial involvement.
Mostly right, except for the bolded part. Double jeopardy still applies between military and civilian courts. You can't be tried twice for the same thing.
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Old 03-05-2019, 06:37 PM
 
9,328 posts, read 7,774,396 times
Reputation: 12430
Quote:
Originally Posted by m1a1mg View Post
Mostly right, except for the bolded part. Double jeopardy still applies between military and civilian courts. You can't be tried twice for the same thing.
When I was in the service in the 90s you could be tried in both a civilian and military court and must serve out the longer of the two sentences.
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Old 03-05-2019, 06:40 PM
 
9,328 posts, read 7,774,396 times
Reputation: 12430
Quote:
Originally Posted by m1a1mg View Post
Mostly right, except for the bolded part. Double jeopardy still applies between military and civilian courts. You can't be tried twice for the same thing.
https://www.militarydefense.com/Prac...ersonnel.shtml
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Old 03-05-2019, 06:50 PM
 
Location: Murrica
2,847 posts, read 1,615,616 times
Reputation: 1720
Quote:
Originally Posted by victimofGM View Post
When I was in the service in the 90s you could be tried in both a civilian and military court and must serve out the longer of the two sentences.
Tried twice, but only serve one sentence.

The Greening case got a lot of press and, last I heard, was still working it's way through the system. Greening was tried, convicted, and served a sentence for the killing. The Navy tried him for murder, for which he was found not guilty. They found him guilty of other charges.

https://pilotonline.com/news/militar...d2df0651b.html
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Old 03-05-2019, 06:52 PM
 
14,278 posts, read 12,839,137 times
Reputation: 19266
Quote:
Originally Posted by victimofGM View Post
When I was in the service in the 90s you could be tried in both a civilian and military court and must serve out the longer of the two sentences.
Due to a myriad of reasons, the military typically will not prosecute someone convicted in a state or local court, and cannot if federal court. They may prosecute on a rare occasion of a different charge, even if found guilty in a state court for example, but this is pretty rare. But if someone is found guilty of assault in a state court, the military is not going to turn around and prosecute on the same charge. However, if a person killed someone, but say pleaded to manslaughter or something, the military may try prosecuting based upon a murder charge, I think there is even a real life case if this. Even with something as simple as a DUI, there is cooperation between local and military authorities, with from my experience, getting prosecuted by the civilians, NJP from the military.
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Old 03-05-2019, 06:56 PM
 
Location: Murrica
2,847 posts, read 1,615,616 times
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Here's more. It isn't black and white.

https://law.freeadvice.com/governmen...t_civilian.htm
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