Can the Pentagon prosecute military retirees under the UCMJ? Maybe — it depends.
Todd South
Recent reports of current service members, veterans and some military retirees participating in the insurrection at the U.S. Capitol on Jan. 6 have prompted calls for investigations into those connections and using the Uniform Code of Military Justice to prosecute the offenders.
But the law is complicated — each of those groups falls into different categories when it comes to the UCMJ and military justice might not apply in many cases. The trickiest is retirees.
Insurrectionist ‘Zip-Tie Guy’ identified as retired Air Force lieutenant colonel
Retired Lt. Col. Larry Rendall Brock Jr. was photographed on the Senate floor in combat gear holding zip tie handcuffs.
Harm Venhuizen
For those currently serving on active duty, the UCMJ applies.
The UCMJ does not apply to veterans who were discharged before reaching 20 years of service and qualifying for a retirement.
https://www.militarytimes.com/news/your-military/2021/01/14/can-the-pentagon-prosecute-military-retirees-under-the-ucmj-maybe-it-depends/
