The NMCCA affirms that retired service members are still in the military and still subject to the UCMJ

By Zachary D Spilman: For More Info, Go Here…

ngd-Watch out, you 20 and 30-year vets!!

Notwithstanding Barker [v. Kansas, 503 U.S. 594, 605 (1992)] and its implications regarding the tax status of retired pay, we are firmly convinced that those in a retired status remain “members” of the land and Naval forces who may face court-martial. As the appellant was in a retired status during the offenses and the proceedings, he was validly subject to court-martial.

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