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Index/Topics/Court-Martial Authority

Court-Martial Authority

The jurisdiction of military courts over recalled retirees, including the role of administrative triggers and statutory authority.

Fact-Checks

3 results
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...

Jan 6, 2026

How does recall to active duty affect legal jurisdiction over retired officers?

Recalling a retiree to active duty generally restores full military legal jurisdiction—most notably court-martial authority—because retirees remain connected to the services through retainer pay and s...

Jan 6, 2026

How do administrative actions (recall orders, retirement status changes) trigger military jurisdiction?

Administrative steps like recall orders and changes in retirement status are the legal levers that convert a former service member’s civilian standing into a military one—bringing them back under acti...

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