Retiree Called back for UCMJ

Cajunman

Registered Member
#1
My questions is can I be called back for UCMJ?

I’m a medically retired office from the Army for my service connected injuries since December 2016. While on my last month of terminal leave, I attended a birthday party. met a this lady at the party. Had a one night stand she ended up getting pregnant, she contacted me after she had the baby took the DNA test the child is mine. At that time I find out that she’s an enlisted Soldier (NCO) who was married during the time we were together. I told her I’ll start making child support payments once we go to court. she’s threatening to go to JAG to report me for Fraternization, and Adultery...I was never married but she was.

Can they call me back to active duty for UCMJ?



Will she be punished for her involvement if so what repercussions can be given to her?
 

RonG

PEB Forum Veteran
Registered Member
#2
Just out of curiosity, did you review AR 27-10?

I mentioned it yesterday when I replied to the same post at http://www.pebforum.com/threads/ucmj-retiree-status.45999/#post-206744

The PEB Forum included this information a few years ago:
http://www.pebforum.com/threads/recently-arrested.21882/page-3

"Also a friendly reminder that some forget, that I have seen Jason mention I believe. If you are a blue ID card holder, you can still fall/be prosecuted under the UCMJ."

[Jason Perry replied]
"This is true, but it also is EXTREMELY unlikely. My look at the issue a few years back only showed one case since WWII where a member committed a crime while on the TDRL and was recalled for court-martial. I could not find any cases where a crime committed while a retiree ever resulted in recall and court-martial (though, it is technically possible for this to happen)".

"I think the distinctions of when the crime occurred are very important. There is a case where a Soldier was accused of murder, tried by civilian authorities, but on appeal his case was overturned and he had a new trial. The second trial resulted in an acquittal. The Soldier was recalled to active duty for Court-Martial for the same offenses, and was convicted. I think the reason this was pursued was that the offenses occurred while the Soldier was on active duty (as opposed to a case where a retiree commits a crime while retired). The case I am referring to is United States v. Hennis. Here is a link to an article about the case: http://www.newyorker.com/reporting/2011/11/14/111114fa_fact_schmidle "

Comment: A recall of a retiree to active duty for a relatively minor unproven crime from a previous period of service would be even more rare in my opinion.
 
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Cajunman

Registered Member
#3
Just out of curiosity, did you review AR 27-10?

I mentioned it yesterday when I replied to the same post at http://www.pebforum.com/threads/ucmj-retiree-status.45999/#post-206744

The PEB Forum included this information a few years ago:
http://www.pebforum.com/threads/recently-arrested.21882/page-3

"Also a friendly reminder that some forget, that I have seen Jason mention I believe. If you are a blue ID card holder, you can still fall/be prosecuted under the UCMJ."

[Jason Perry replied]
"This is true, but it also is EXTREMELY unlikely. My look at the issue a few years back only showed one case since WWII where a member committed a crime while on the TDRL and was recalled for court-martial. I could not find any cases where a crime committed while a retiree ever resulted in recall and court-martial (though, it is technically possible for this to happen)".

"I think the distinctions of when the crime occurred are very important. There is a case where a Soldier was accused of murder, tried by civilian authorities, but on appeal his case was overturned and he had a new trial. The second trial resulted in an acquittal. The Soldier was recalled to active duty for Court-Martial for the same offenses, and was convicted. I think the reason this was pursued was that the offenses occurred while the Soldier was on active duty (as opposed to a case where a retiree commits a crime while retired). The case I am referring to is United States v. Hennis. Here is a link to an article about the case: http://www.newyorker.com/reporting/2011/11/14/111114fa_fact_schmidle "

Comment: A recall of a retiree to active duty for a relatively minor unproven crime from a previous period of service would be even more rare in my opinion.
Yes, I read over 27-10. I didn’t realized he replied to the post from the other day thanks for your help gentlemen.

She has proof because of the DNA results and pictures from the dr when she was going for checkup during the pregnancy
 

RonG

PEB Forum Veteran
Registered Member
#4
To my knowledge, Jason Perry did not respond to your individual post. As I cited in my recent post,
"The PEB Forum included this information a few years ago:
http://www.pebforum.com/threads/recently-arrested.21882/page-3" The remarks from the old post are shown with quotation marks.

The comment at the end of the preceding post, "Comment: A recall of a retiree to active duty for a relatively minor unproven crime from a previous period of service would be even more rare in my opinion" was my own.

To me, it seems unlikely you would be recalled to active duty for such a matter. As a retiree, you can use the JAG for certain things. The JAG at Randolph AFB recently helped me with a will.

Recommend you contact the nearest JAG office and determine if they can offer advice.
 
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