Does Sec. Austin have the power to take away Flynn's retirement pay and other benefits?

[joetheman]

Asking for myself.

[elleng]

1. A new legal opinion from the Navy-Marine Corps Court of Criminal Appeals

9 Aug 2019
Military.com | By Gina Harkins
A new legal opinion from the Navy-Marine Corps Court of Criminal Appeals says court-martialing military retirees is unconstitutional -- and the reason concerns the issue of retirement pay.

Chief Judge Navy Capt. James Crisfield delivered the opinion last week, joined by Senior Judges Navy Capt. Marcus Fulton and Marine Col. Jonathan Hitesman. The decision was made as a result of an appeal from retired Chief Petty Officer Stephen Begani, who was court-martialed after leaving the Navy on charges of attempted sexual abuse of a child.

Begani was picked up by Naval Criminal Investigative Service agents on Aug. 5, 2017, a little over a month after he left active duty and was transferred to the Fleet Reserve. He was arrested when he arrived at a residence at Marine Corps Air Station Iwakuni, Japan, where he was employed as a contractor. Begani had been communicating with someone who he believed to be a 15-year-old girl, but who was actually an undercover NCIS agent.

He was sentenced to 18 months confinement and a bad-conduct discharge.

Begani was court-martialed because of a federal law that leaves some troops subject to the Uniform Code of Military Justice long after they hang up the uniform. Marines and sailors who leave active duty after more than 20 years in uniform but less than 30 and who want to collect retiree pay move into the Fleet Reserve or Fleet Marine Corps Reserve.

There they receive what is essentially retainer pay and can be summoned back to active duty without their consent in the event of war or a national emergency. After 30 years of active or inactive service, retirees are then transferred to the Regular Retired List and they're no longer subject to the UCMJ.

None of this is true for retired reservists, though, which is why Crisfield argued in his written opinion that treating one group of retirees different than another is unconstitutional.

"Congress has determined that some, but not all, military retirees should remain subject to the Uniform Code of Military Justice (UCMJ) while they are retired," Crisfield wrote. "... Accordingly, the sections of the UCMJ subjecting regular component retirees to UCMJ jurisdiction are unconstitutional."

https://www.military.com/daily-news/2019/08/09/new-bombshell-legal-opinion-says-military-retirees-cant-be-court-martialed.html

[GP6971]

2. I believe the Sec of Defense, along with agreement of the Sec of the Army

has the authority to recall him to active duty. I think that goes with any retired General or Admiral.

[The Wizard]

3. Officers can be called back to active duty

After a recall to active duty the offending officer can be court martialed for taking up arms against the United States, an offense that could demand a blindfold and cigarette. What was Flynn's role in the January 6 failed coup d'etat? Someone with military planning and tactical skills was involved.

[GP6971]

4. True.

My understanding is up to age 60 for the officer ranks 06 and below. A good friend of our family got called up 3 months prior to his 60th birthday...ordered for 555 days for the Iraq war flying helicopters.