01-16-2021, 07:33 AM
A great question. The only precedent I knew about was the Korea case (I now know to be Toth v. Quarles) because my grandfather mentioned it to me after I joined. He was a WW2 vet and evidently the case made quite a splash at the time even though it ultimately resolved in favor of Airman Toth. GPa always said, if you screw up they will find a way to get you even if they have to dig you up from the grave. Fortunately, Congressflubbed up the language in the 1950 defense act and the Supreme Court overturned the case. So you have a SC precedent as long as Congress doesn't make any laws specifically allowing it. Kinda like Roe v. Wade - safe until Congress acts or a new SC overturns. As long as Congress loves their veterans and the USSC isn't packed, we stay in their good graces.
Google'ing around a little more, I did find this link supposedly linking the exceptions allowing UCMJ prosecutions after discharge. They start in section 9. https://www.ucmjdefense.com/resources/military-extraterritorial-jurisdiction-act-meja/jurisdiction-over-the-person/termination-of-jurisdiction-over-the-person.html
But, I'm not a lawyer. I don't play one on Netflix. I didn't stay at a Holiday Inn Express last night. My original response to The Nation article was meant to be limited to the tidbits that the journalist commentator was talking about which was retirees. My comment could easily be seen as overly broad. Again, not a journalism major or member of the commentariat class. I don't do words for a living, just calculations.
Thanks for the question though! Had great fun exercising the search engines.
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