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Index/Topics/Court-martial

Court-martial

The court-martial process for military retirees, including the conditions under which retirees can be court-martialed and the legal challenges to this process.

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Jan 16, 2026
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Does retired rank or retired pay status affect jurisdiction or the ability to recall someone for court-martial?

Retired rank and retired-pay status materially affect whether a former service member falls under military jurisdiction: retirees of the regular components who are “entitled to pay” and certain catego...

Jan 7, 2026

How does statute of limitations and jurisdiction apply to alleged offenses committed while on active duty after retirement?

Retirees who committed alleged offenses while on active duty can still face military prosecution because the UCMJ can reach some retirees (those receiving pay or benefits) and because Article 43 estab...