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Old 03-01-2019, 06:13 PM
 
Location: Honolulu, HI
5,656 posts, read 1,561,460 times
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Quote:
The Supreme Court decided last week not to review the case of a retired Marine who was court-martialed and convicted of sexual assault in 2015, upholding the Pentagon’s authority to prosecute retirees for crimes they commit even after leaving the service.

The decision leaves the possibility open for retirees to face punishment, such as sailors involved in the Navy’s “Fat Leonard” scandal and retired Army Gen. David Petraeus — who pleaded guilty to providing classified information to his biographer.

On Feb. 19, the Supreme Court chose not to hear the case of retired Marine Staff Sgt. Steven M. Larrabee, who left the Corps after 20 years of service but continued to reside in Iwakuni, Japan, his final duty station, where he managed two local bars.
Quote:
On Nov. 15, 2015, after a night of drinking, Larrabee sexually assaulted a bartender at one of the bars he managed and used his cell phone to record the incident.

Larrabee “was subsequently convicted by a court-martial, pursuant to his pleas, on one count of sexual assault and one count of indecent recording in violation of Articles 120 and 120c of the Uniform Code of Military Justice,” according to court records.

The military judge sentenced Larrabee to eight years’ confinement, a reprimand, and a dishonorable discharge. As part of a pre-trial agreement, however, his prison term was reduced to 10 months.

In September 2018, Larrabee filed a petition for his conviction to be overturned on appeal based on the argument that he should have been tried as a civilian. However, the Supreme Court has denied that appeal, upholding the past standard that retirees are still subject to the UCMJ
https://www.militarytimes.com/news/y...court-affirms/
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Old 03-01-2019, 06:31 PM
 
Location: New Mexico U.S.A.
24,789 posts, read 40,206,826 times
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Interesting...

Same story, slightly updated, same concusion.

Entire article:

Retirees Remain Subject to Court Martial
Published: March 1, 2019


Quote:
Military retirees can be tried at court martial for crimes they commit — even though the alleged illegalities do not directly relate to their military service. The laws that subject retirees to the Uniform Code of Military Justice (UCMJ) remain intact.

The Supreme Court effectively made this determination by rejecting the appeal of a retired Marine who was recalled to duty to stand trial in a military court for sexually assaulting a female employee of a bar he managed in Japan, the wife of an active-duty Marine. He also was charged with recording the incident.

Even though the trial court recognized that retired Staff Sgt. Steven M. Larrabee was a civilian at the time the attack occurred, his lawyers contended that he should not have been subject to a military trial because he no longer wore the uniform. Larrabee – a member of the Fleet Marine Corps Reserve on retired pay – was convicted, given a 10 month prison term, a reprimand, as well as a bad-conduct discharge.

When the Navy-Marine Corps Court of Criminal Appeals upheld the conviction, Larrabee’s lawyers appealed the case to the Supreme Court — which declined to reconsider his case.

The high court’s actions leave the door open to Defense Department prosecution of military retirees for crimes committed out of uniform.
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Old 03-01-2019, 06:56 PM
 
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Maybe but: he was in Japan and usually that involves a Status of Forces Agreement. and also the victim was the wife of an active duty soldier on duty in Japan.

that may have been part of the thinking of the lower court and therefore the Supreme Court agreed.

Or else the Japanese police would have arrested him in the first place and he would have faced Japanese trial and imprisonment in that jurisdiction.

Expressing my ignorance of the case but if it were as stated in the article that a retired military could be arrested and tried for UCMJ crimes off base after retirement; then that does change the picture.

Kind of curious on this.
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Old 03-01-2019, 07:36 PM
 
Location: New Mexico U.S.A.
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theoldnorthstate, you made some good points...
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Old 03-01-2019, 07:43 PM
 
Location: Honolulu, HI
5,656 posts, read 1,561,460 times
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Quote:
Originally Posted by theoldnorthstate View Post
Expressing my ignorance of the case but if it were as stated in the article that a retired military could be arrested and tried for UCMJ crimes off base after retirement; then that does change the picture.
It's a very interesting case. My guess is that the status of forces agreement of the offender plus the status of the victim as a military spouse allowed this to be court martialed.

In any other case, I believe this would've been handled by either Japanese law enforcment or american civilian law encorcement.

Either way, the guy was cleary idiot for doing this. I'm sure a quick trip to Thailand or the Phillipines could've allowed you to find whatever urges you had.
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Old 03-01-2019, 10:47 PM
 
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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!
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Old 03-01-2019, 11:09 PM
 
10,949 posts, read 7,990,169 times
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Scum. Through and through. This is why many establishments in Iwakuni don't allow Americans.
Too bad he didn't see a little Japanese jail time first.
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Old 03-02-2019, 01:06 PM
 
Location: The State Of California
9,322 posts, read 12,014,478 times
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From the moment that you take your oath for the United States of America , and the military "all the way " to the Grave.
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Old 03-02-2019, 02:21 PM
 
14,252 posts, read 12,834,023 times
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Quote:
Originally Posted by Howest2008 View Post
From the moment that you take your oath for the United States of America , and the military "all the way " to the Grave.
No, only those who retired, also those who enlist but forget it is actually an eight year enlistment, so many years active, then the rest of the eight years inactive reserve. They can haul your rear right back if needed, lol.

For those who fulfilled their obligation and did not retire, are not under any military jurisdiction, and any crimes discovered gets referred to the feds.
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Old 03-02-2019, 03:15 PM
 
Location: New Mexico U.S.A.
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"All enlistment contracts with the US Military are for eight years, or longer if the needs of the service require it to be extended. When you sign up, you can partition that eight years in different ways. Very common is a 4 year active/4 year inactive reserve."

https://www.quora.com/How-long-are-the-enlistment-contracts-for-each-branch-of-the-U-S-military-Are-there-any-exceptions
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