2019-02-26 -Land of the Free
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Military retirees can still be court-martialed, Supreme Court affirms
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[Mil Times] The Supreme Court decided last week not to review the case of a retired Marine who was court-martialed and convicted of sexual assault in 2015, upholding the Pentagon’s authority to prosecute retirees for crimes they commit even after leaving the service.
When you retire it's not the same thing as a discharge. You go into retired reserve. You can be recalled to active status or request reactivation. I worked with a lieutenant colonel in 2004-05 who was on oxygen, but who had requested recall post-9/11. My own request was declined since my background was Russian and Vietnamese and my security clearance had been expired for almost ten years.
The decision leaves the possibility open for retirees to face punishment, such as sailors involved in the Navy’s "Fat Leonard" scandal and retired Army Gen. David Petraeus ‐ who pleaded guilty to providing classified information to his biographer.
On Feb. 19, the Supreme Court chose not to hear the case of retired Marine Staff Sgt. Steven M. Larrabee, who left the Corps after 20 years of service but continued to reside in Iwakuni, Japan, his final duty station, where he managed two local bars.
On Nov. 15, 2015, after a night of drinking, Larrabee sexually assaulted a bartender at one of the bars he managed and used his cell phone to record the incident.
Larrabee "was subsequently convicted by a court-martial, pursuant to his pleas, on one count of sexual assault and one count of indecent recording in violation of Articles 120 and 120c of the Uniform Code of Military Justice," according to court records.
The military judge sentenced Larrabee to eight years’ confinement, a reprimand, and a dishonorable discharge. As part of a pre-trial agreement, however, his prison term was reduced to 10 months.
In September 2018, Larrabee filed a petition for his conviction to be overturned on appeal based on the argument that he should have been tried as a civilian. However, the Supreme Court has denied that appeal, upholding the past standard that retirees are still subject to the UCMJ.
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Posted by Unitch Angomoque7343 2019-02-26 00:00||
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Posted by Procopius2k 2019-02-26 05:49||
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Posted by Besoeker 2019-02-26 08:12||
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Posted by noMoreBS 2019-02-26 13:49||
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Posted by Procopius2k 2019-02-26 14:29||
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Posted by NoMoreBS 2019-02-26 19:28||
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Posted by Clem 2019-02-26 20:51||
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