Originally Posted by
Gone Flying
question for ex-mil guys...how long after you separate from the military can you be recalled? Is there an equivalent of “statute of limitations” on recall to military service? Is it different if you are being recalled for duty (WW3) vs being recalled for a UCMJ trial.
TIA
if you are receiving retired pay (or eligible for the same) then you can be recalled for UCMJ action for offenses after discharge.
a court recently upheld this rule (which a lower court had previously set aside). Another more recent case (Larrabee) put some limits on this, however. This case may see the Supreme Court, who knows. So the answer is "maybe"
if the offense was committed on active duty then you can be recalled for court martial so long as the statute of limitations has not expired.
for recall to service it is different for officers vs. enlisted, too lazy to look up specifics, but technically an officer can be recalled unless they resign their commission (vs. retire/separate)