Perhaps some of the more learned members of this forum could explain the rules to me with greater clarity. According to this article, I, being medically retired, could be tried under the UCMJ for criminal activity. Theft, rape, murder, I got that. However, my shoulder is still aching after having surgery a couple months ago, and I didn't get much sleep last night, so I'm a little confused this morning about the whole "holding your tongue as a uniformed member of the armed services with regards to negative statements about the CinC and other elected officials."
I was medically retired well over 9 years ago. The army/federal government got its full use out of me and showed me the door. There is no way I can physically handle much more than a brisk walk around the neighborhood, let alone donning the old 18E ruck or going toe-to-toe in hand-to-gland combat. So, am I still held accountable to the UCMJ when it comes to telling an elected federal official to go fist themselves?
According to retired Maj. Gen. Charles Dunlap, former deputy judge advocate general of the Air Force, the very act of receiving retired pay means that retired personnel are choosing to keep a relationship with the military and accept all that goes with the choice not to terminate their commission or request a discharge.
"As a retired service member subject to military jurisdiction, count me among those of my comrades-in-arms who believe it a small price to pay to maintain the connection with the armed forces," Dunlap wrote.
Well, Chuck. For starters, I'm a retired Master Sergeant, but neither I, nor anyone else addresses me by former rank, so don't expect me to address you or another retiree by theirs unless I choose to.
But I digress. How does receiving retirement pay count as a "choice"? It's part of the contract we made with the federal government. It's not like we all have some K-Street consultation job or board of directors position waiting for us when we get out. Are government officials still held accountable to their oaths of office after they leave office or get voted out? Depending on whether they are establishment or not, the majority of them sure as hell aren't being held accountable while they're still in, so I'm guessing not.
And what about disability? Am I expected to hold my tongue while addressing an elected official because the government is compensating me for all the chassis damage I accrued while in the service of my country? Again, it's not a choice. I would have loved to have done my part and then walked about away, intact, from all affiliation to the government to begin the next chapter of my life. I fulfilled my part of the contract. And I apologize for not dying on the battlefield and have every intention of outliving Methusela, but, as I understand it, the government is required, by law, to fulfill its part through financial and other forms of compensation until such time I deem it appropriate to give up the ghost.
But if my 1st Amendment right to disparage or criticize POTUS or other elected officials, as a military retiree, is put in check by the UCMJ, then I expect to see such characters as McCrystal, McCraven and McCauliff way up at the front of line to get their heads chopped off first.
https://www.military.com/daily-news/...r-service.html