I have a whole bunch of content about Survivor Benefit Program in this playlist: ruclips.net/p/PLoacIP6FclRNVCvGAMSvc0Ym38HiyZdAv If you want to get into the specifics of the "dash forms" hit me up at chuck.weko@gmail.com and I can get more specific.
What about Civil Air Patrol, Coast Guard Auxiliary and companies that have a DHS “Safety Act” certification such as 3rd party airport screeners and PMCs who are doing civilian security wor,k but aren’t overseen by a military department but rather a civilian federal enforcement agency?
From ucmj.us/about-the-ucmj/ "Members of military auxiliaries such as the Civil Air Patrol and the Coast Guard Auxiliary are not subject to the UCMJ, even when participating in missions assigned by the military or other branches of government. However, members of the Coast Guard Auxiliary can be called by the Commandant of the Coast Guard into the Temporary Reserve, in which case they become subject to the UCMJ."
@@the_bureaucratI was going to mention that you’d forgotten the Coast Guard. Even active duty they’re not part of the DoD in peacetime but they’re still subject to the U MJ.
Technically, yes. But it doesn't seem like the military cares to enforce this. Which unnerves me because I can just imagine some political leader asking "How to we stop ?" and some JAG saying, "Well, you could court-martial the retirees and take away their pensions."
Let me throw an odd question out to you. Im retired USCG, past 65. I get my check from the VA, and the USCG is NOT part of DOD, unless placed under USN during wartime. We used to be Treasure, then DOT, and now are Homeland Defense. Where do guys like me fall in this?
I am 64 and also retired (enlisted) from the CG. IN THEORY, if they discovered that you had committed some heinous crime or espionage against the CG (the Gov't), they could recall you to active duty to face Court Martial. It would have to be an extreme, almost unheard of situation.
I did some looking in US Code just for you. Who is subject to UCMJ? 10USC802(a)(4) Retired members of a regular component of the armed forces who are entitled to pay. Is the Coast Guard part of the "armed forces"? 10USC101(a)(4) The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. I think you fall into the community of retirees who cautiously assume that for most situations, the Feds wouldn't bother coming after you.
What about Active Duty (Title 10) vs. Active Guard Reserve (Title 32); my understanding is I’m only subject to my state’s military law and not UCMJ while Title 32 but subject to UCMJ while Title 10. So…how does that make sense that with an active guard retirement, I’ll be subject to UCMJ? I know it’s all federal money so does that essentially mean I switch from my state’s jurisdiction to the feds?
Ah, so this one gets into a point of frustration when it comes to the basic "Title 32 = State Duty" narrative. AGR is an authority that only exists in Title 10. There isn't a "Title 32 AGR" authority in law, but the term gets used to refer to people filling specific positions in force structure documents. Plus, there are only three retirement Chapters for military personnel and all three are in Title 10. As a National Guard member, you were under the state's authority, direction, and control, but not under the state's legal jurisdiction.
@@the_bureaucrat my AGR Orders cite 32 USC 502 (f)(1) and 32 USC 328 as the authority to order me to AGR from my DoD civil service position. 32 USC 326 and 327 seem to discuss non-federalized NG forces receiving CM by federal authorities, in addition to the state. Always learn something new reading these.
@@the_bureaucrat Are you serious or are you being sarcastic. The reason I say this is not just having to do with UCMJ and the needing of revamp. How it is applied is also an issue commanders DO NOT UNDRSTAND THE CONCEPT OF BEING JUST OR FAIR. I have seen it first hand.
It would depend on the location (CONUS or OCONUS) and the state of national emergency...I'm no lawyer, but I'd imagine a civilian volunteer could get themselves into the wrong place at the wrong time and regret it. But you'd have to try pretty hard.
Grey Area Retirees are not subject to UCMJ until they start drawing a pension. The brass could probably find some ways to mess with you, but they would have to put you on orders to do it.
Thanks Chuck!
I did this just for you, buddy.
@@the_bureaucrat and you know I appreciate it.
Is there a future video on DD Forms 2656 and 2656-5? Thanks.
I have a whole bunch of content about Survivor Benefit Program in this playlist: ruclips.net/p/PLoacIP6FclRNVCvGAMSvc0Ym38HiyZdAv
If you want to get into the specifics of the "dash forms" hit me up at chuck.weko@gmail.com and I can get more specific.
What about Civil Air Patrol, Coast Guard Auxiliary and companies that have a DHS “Safety Act” certification such as 3rd party airport screeners and PMCs who are doing civilian security wor,k but aren’t overseen by a military department but rather a civilian federal enforcement agency?
From ucmj.us/about-the-ucmj/
"Members of military auxiliaries such as the Civil Air Patrol and the Coast Guard Auxiliary are not subject to the UCMJ, even when participating in missions assigned by the military or other branches of government. However, members of the Coast Guard Auxiliary can be called by the Commandant of the Coast Guard into the Temporary Reserve, in which case they become subject to the UCMJ."
@@the_bureaucratI was going to mention that you’d forgotten the Coast Guard. Even active duty they’re not part of the DoD in peacetime but they’re still subject to the U MJ.
So retirees still lose their public political opinions if receiving a check?
Technically, yes. But it doesn't seem like the military cares to enforce this. Which unnerves me because I can just imagine some political leader asking "How to we stop ?" and some JAG saying, "Well, you could court-martial the retirees and take away their pensions."
Then a bunch of JAGs go missing.
@@the_bureaucrat plausible. Being a Cincinnatus is the way. So many retired military want to disappear after they retire.
Let me throw an odd question out to you. Im retired USCG, past 65. I get my check from the VA, and the USCG is NOT part of DOD, unless placed under USN during wartime. We used to be Treasure, then DOT, and now are Homeland Defense. Where do guys like me fall in this?
I am 64 and also retired (enlisted) from the CG. IN THEORY, if they discovered that you had committed some heinous crime or espionage against the CG (the Gov't), they could recall you to active duty to face Court Martial. It would have to be an extreme, almost unheard of situation.
I did some looking in US Code just for you.
Who is subject to UCMJ?
10USC802(a)(4) Retired members of a regular component of the armed forces who are entitled to pay.
Is the Coast Guard part of the "armed forces"?
10USC101(a)(4) The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
I think you fall into the community of retirees who cautiously assume that for most situations, the Feds wouldn't bother coming after you.
@@the_bureaucrat Thanks!
@@the_bureaucrat ..Unless you displease them by wearing a red MAGA cap and rail against the U.S. Bidenment. 👿💀
What about Active Duty (Title 10) vs. Active Guard Reserve (Title 32); my understanding is I’m only subject to my state’s military law and not UCMJ while Title 32 but subject to UCMJ while Title 10. So…how does that make sense that with an active guard retirement, I’ll be subject to UCMJ? I know it’s all federal money so does that essentially mean I switch from my state’s jurisdiction to the feds?
Ah, so this one gets into a point of frustration when it comes to the basic "Title 32 = State Duty" narrative. AGR is an authority that only exists in Title 10. There isn't a "Title 32 AGR" authority in law, but the term gets used to refer to people filling specific positions in force structure documents. Plus, there are only three retirement Chapters for military personnel and all three are in Title 10. As a National Guard member, you were under the state's authority, direction, and control, but not under the state's legal jurisdiction.
@@the_bureaucrat my AGR Orders cite 32 USC 502 (f)(1) and 32 USC 328 as the authority to order me to AGR from my DoD civil service position.
32 USC 326 and 327 seem to discuss non-federalized NG forces receiving CM by federal authorities, in addition to the state.
Always learn something new reading these.
Like I said before the UCMJ needs a complete revamp from the ground up. All Articles 77-134 in plane speak all confusion needs to be clarified.
That is a brilliant comment.
@@the_bureaucrat Are you serious or are you being sarcastic. The reason I say this is not just having to do with UCMJ and the needing of revamp. How it is applied is also an issue commanders DO NOT UNDRSTAND THE CONCEPT OF BEING JUST OR FAIR. I have seen it first hand.
What about Volunteers who pay out of their own pockets and use their own resources to support the armed forces with non-combatant activities?
It would depend on the location (CONUS or OCONUS) and the state of national emergency...I'm no lawyer, but I'd imagine a civilian volunteer could get themselves into the wrong place at the wrong time and regret it. But you'd have to try pretty hard.
Good morning, MEPS then airport to BCT today.
Good luck!!!
Do great things! Lemme know when you get back!
@@the_bureaucrat will do, thanks for the help
@@jds883 thank you
What about "gray area" retirees?
Like stated in the video, if they aren't receiving pay, no UCMJ.
Grey Area Retirees are not subject to UCMJ until they start drawing a pension. The brass could probably find some ways to mess with you, but they would have to put you on orders to do it.
Whats up with JKO? Point less
No clue.
@the_bureaucrat why are we subject to take courses