Pilot Extremist Behavior & Ramifications
01-10-2021 | 06:15 PM
#41
All is fine at .79
Joined: Sep 2016
Posts: 4,486
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From: Paahlot
Our dear Lt Col is not the only military member in hot waters:
https://news.yahoo.com/least-25-troo...002410441.html
At least 25 troops are under investigation for terrorism related to Wednesday's siege at the Capitol, according to a Defense official and a member of Congress.
01-10-2021 | 06:33 PM
#42
Gets Weekends Off
Joined: Sep 2015
Posts: 5,531
Likes: 198
From: UNA
TIA
01-10-2021 | 06:52 PM
#43
Line Holder
Joined: Jun 2017
Posts: 247
Likes: 0
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
TIA
For officers, I’m pretty sure we are subject to recall for the rest of our lives, but there are some caveats.
01-10-2021 | 06:56 PM
#45
Permanent Reserve
Joined: Aug 2007
Posts: 1,721
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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
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)
Last edited by navigatro; 01-10-2021 at 07:16 PM.
01-10-2021 | 09:06 PM
#47
Prime Minister/Moderator
Joined: Jan 2006
Posts: 44,923
Likes: 697
From: Engines Turn or People Swim
Yes, an officer is *technically* on the hook until they actually resign their commission, or it gets removed for cause or HYT.
If you're retired, you still hold the commission for life and are subject to recall, typically for national emergency but they could do it for a court martial. That would most typically be for crimes committed while on AD, but technically they can get you for acts committed after retirement... this was recently re-affirmed by the supreme court. That's rare, but this might be one of those times.
I'm pretty sure it's possible to resign your commission and still get paid the retirement (grey areas reservists can do this for sure, with caveats). Probably worth checking that out if you're planning on annoying city hall.
That's for active duty, I honestly don't know for sure about reservists.
01-11-2021 | 03:55 AM
#48
Gets Weekends Off
Joined: Feb 2006
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From: B-737NG preferably in first class with a glass of champagne and caviar
01-11-2021 | 05:20 AM
#49
Thread Starter
It's 5 o'clock somewhere
Joined: Oct 2020
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Understood, and rightfully so. My point being that in the article the author notes that the captain in question was partially identified by his campaign contributions to Trump. I opine that should not be a factor for anyone and there is concern that those very records will be used to marginalize (or worse) anyone who gave $25 bucks to Trump and had it recorded on a federally mandated list who's intent is not to compile information for that purpose. We should not be using that information to use as a cudgel in anyone's professional life. Again, this particular case is a different animal and I have no issue with that. This guy seems to be missing a few neurons regardless of who he votes for and that alone should be the determining factor (along with any potential criminal activity or harassment) for any sort of action by his employer. I have no beef with what's happening to him in the macro, just a deep concern for an element of how it was discovered who he was.
Brock was arrested by the FBI today on federal charges.
01-11-2021 | 06:24 AM
#50
Prime Minister/Moderator
Joined: Jan 2006
Posts: 44,923
Likes: 697
From: Engines Turn or People Swim
IMO that's more appropriate than UCMJ. Rioting is a civilian thing. But the mil could still get around to him... civil charges do not preclude double jeopardy, that is N/A for civil + UCMJ.
If he actually attempted to organize current or retired mil members to an insurrection, then I could see UCMJ being relevant. In that case he's acting in a military capacity. By "insurrection" I mean organized application against the gov of military/paramilitary combat power by movement, maneuver, fire, etc. As opposed to a riot... what I saw in DC looked like a riot. CHAZ for example was closer to insurrection, they seized and held sovereign US territory by force of arms.
If he actually attempted to organize current or retired mil members to an insurrection, then I could see UCMJ being relevant. In that case he's acting in a military capacity. By "insurrection" I mean organized application against the gov of military/paramilitary combat power by movement, maneuver, fire, etc. As opposed to a riot... what I saw in DC looked like a riot. CHAZ for example was closer to insurrection, they seized and held sovereign US territory by force of arms.
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