Retired military may still be tried by Military Justice

Supreme Court: Retirees Can Be Court-Martialed for Crimes Committed After Service

Military.com
By Patricia Kime
22 Feb 2019

The U.S. Supreme Court has upheld the Defense Department's authority to prosecute retired service members for crimes they commit, even after retirement.

In this Oct. 5, 2018 photo the U. S. Supreme Court building stands quietly before dawn in Washington. (AP Photo/J. David Ake)

The court on Tuesday chose not to hear the case of a retired Marine who was court-martialed for a sexual assault he committed three months after leaving the service in August 2015. By not accepting the case, Larrabee v. the United States, the court upheld the status quo: that military retirees are subject to the Uniform Code of Military Justice.

The denial of Larrabee's petition marks the high court's second rebuff in a year of a case involving a military retiree accused of non-military crimes in retirement.

Retired Marine Corps Staff Sgt. Steven Larrabee was convicted of sexually assaulting a bartender, the wife of an active-duty Marine, at a bar in Iwakuni, Japan, where he worked as a civilian. He had been retired -- technically, placed on the Fleet Marine Corps Reserve status list -- for three months.

Following a general court-martial in which he wore civilian clothes, Larrabee was sentenced to eight years' confinement, a reprimand and a dishonorable discharge. In a pre-trial agreement, Larrabee's prison term was reduced to 10 months.

Larrabee served his sentence but tried to have his conviction overturned on appeal, arguing that he should have been tried in a civilian court, as the offenses occurred after he was retired.
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Florida 5th Best State for Veterans

2015’s Best and Worst States for Military Retirees
Wallet Hub
by John S Kiernan

Retirement is typically viewed as the end of the line – a time for rest, relaxation and the pursuit of interests long ago put on the back burner. But the narrative is far different for military retirees.

For starters, the average officer is only 47.1 years old – and enlisted personnel even younger at 43.2 – upon retirement from service. Most re-enter the job market. Military retirees, veterans in particular, must also deal with the trials of assimilation, which have proven especially difficult in the wake of the wars in Afghanistan and Iraq. Rising numbers of young vets have encountered hardship and homelessness.

Military retirement is a far more complicated issue than one might initially assume, given the extent to which state tax policies differ when it comes to military benefits, the relative friendliness of different job markets to veterans, and a variety of other important socioeconomic factors.

With that in mind, WalletHub sought to help ease the burden on our nation’s military community by identifying the Best and Worst States for Military Retirees. As a result, WalletHub took 20 key metrics into account in devising its rankings. You can check out the results, our methodology and expert commentary below.

find your state here

House repeals retirement cuts for some disabled veterans

Budget deal includes repeal of military retirement cuts for disabled vets
Stars and Stripes
By Leo Shane III
Published: January 14, 2014

WASHINGTON — The planned partial repeal by Congress of a controversial military retirement cut drew praise from veterans groups Tuesday but also triggered concern that it could make a full repeal even more difficult.

A $1.1 trillion spending bill negotiated Monday includes language repealing a cut to cost-of-living increases for disabled military veterans and their survivors, correcting what many lawmakers labeled a legislative mistake in the waning days of 2013.

Senate Appropriations Committee Chairwoman Barbara Mikulski, D-Md., said the move will “right a wrong in this bill and keep faith with our veterans.”

But the move won’t exempt other military retirees younger than 62 from the cut, a 1 percent reduction in their annual cost-of-living adjustments starting in 2016. Veterans groups had pushed for a full repeal of the measure, saying it goes back on promises made to military members years ago.
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This is what the House passed

House passes compromise $1.1 trillion budget for 2014

By Deirdre Walsh and Lisa Desjardins, CNN

updated 4:57 PM EST, Wed January 15, 2014

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Judge orders Army to review Iraq Veteran's discharge

Judge: Examine ex-soldier, reconsider discharge
Associated Press
By BRETT BARROUQUERE
Friday, January 10, 2014

LOUISVILLE, Ky. (AP) — An Iraq war veteran who twice deployed to Iraq is being re-examined by the U.S. Army after a federal judge found that the military may have mishandled his medical complaints and involuntary discharge from the service.

The chief judge of the U.S. Court of Federal Claims, Patricia Campbell-Smith, ordered both the Army and attorney for Richard P. Watson of Hebron, Ky., to report back to the court by February on the status and results of physical examinations. Should Watson be diagnosed with an ailment that would exclude him from combat service, Campbell-Smith ordered the military to determine if Watson's discharge should be changed and if he is eligible for disability retirement.

Watson, who enlisted in 2004 and rose to the rank of corporal in the Army in 2007, sued the military in 2012 after being discharged under other than honorable conditions for refusing orders to return to Iraq in December 2007. Watson told the military he had severe vision problems, a claim the Army rejected before charging him with missing movement by design - or willingly failing to deploy as ordered.
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Senators fight cuts to veteran benefits ahead of key budget test vote

Senators fight cuts to veteran benefits ahead of key budget test vote
FOX News
December 17, 2013

Republican senators were making a last-ditch bid to undo cuts to military retiree benefits in the House-passed budget deal ahead of a crucial test vote Tuesday morning in the Senate.

Alabama GOP Sen. Jeff Sessions filed an amendment late Monday to restore money that was cut from veteran and military retiree pension benefits by closing a loophole that allows illegal immigrants to qualify for child tax credits.

His move comes after several GOP senators voiced complaints about the budget package, which sailed out of the House last week on a strong bipartisan vote. Those senators were also calling on their colleagues Tuesday morning to spare military retirees from the cuts.

However, late-breaking endorsements from several GOP senators could help lift the budget bill over the finish line, and it's unclear whether changes to the military retiree provision will be considered.
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Naval Hospital opens doors to 9,000 more patients

Naval Hospital opens doors to 9,000 more patients
By THOMAS BRENNAN Daily News Staff
JD News.com
Published: Friday, August 30, 2013

An expansion at the base hospital means there is now room for 9,000 additional patients — and base officials say that may mean a change in providers for some patients who currently receive care from the civilian sector.

The Naval Hospital aboard Camp Lejeune has begun seeing patients in its newest wing, making them capable of caring for more than 31,000 patients across the hospital’s directorates. The additional services include family medicine, internal medicine and pediatrics.

For those currently being seen out in town by a civilian provider, a letter will be mailed to them directing them to the Naval Hospital for future care. People who do not wish to interrupt their continuity of care can request to opt out by writing a letter, which will be reviewed on a case-by-case basis, according to Navy Capt. David Lane, the commanding officer of the Naval Hospital.

“We’ve had a voluntary (enrollment) program since May that has increased our enrollment numbers, but only marginally,” Lane said. “We want people on base or within 30 minutes to be seen at our facility. ...We want to be the medical center of choice.”

Fifteen percent of the slots now available — or 4,800 — will be made available to retirees, including those older than 65.
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No-conscience lawmakers going after military retirement pay?

Lawmakers flirt with retired-pay overhaul
By Rick Maze - Staff writer
Posted : Tuesday Jun 28, 2011 13:12:39 EDT
Two cuts in military retired pay are under discussion as part of negotiations between Congress and the White House over the size of the U.S. national debt, but getting an agreement is proving difficult.

One cut is small, involving how annual cost-of-living adjustments are calculated. It could apply to military and federal civilian retirees, disabled veterans and survivors. The net effect would be annual adjustments that average one-quarter of a percentage point below what they would be under the current formula.

The second retired-pay option involves a complete overhaul of the benefit, replacing the 20-year model, which pays immediate benefits, with a new plan that could provide some retirement benefits for as few as five years of service — with the actual payments not starting until at least age 60 for any service members who do not retire on a full military disability.

As it stands, this proposal would apply only to future troops, not current retirees or anyone already in uniform.

The talks come as the U.S. has run out of borrowing power after reaching its current $14.3 trillion debt limit. The Treasury Department has warned the U.S. will run out of cash reserves to pay bills Aug. 2, which has become the deadline for reaching an agreement.
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Lawmakers flirt with retired-pay overhaul

Policy change would benefit disabled vets

Policy change would benefit disabled vets
By Leo Shane III, Stars and Stripes
Mideast edition, Wednesday, June 18, 2008



WASHINGTON — About 20,000 veterans forced out of the military early by a combat-related injury could be eligible for hundreds in special compensation pay under new rules outlined by the services this month.

The change, mandated by Congress last year, makes veterans who served less than 20 years eligible for Combat-Related Special Compensation payments from the Defense Department.

Those funds are designed to restore money deducted from troops’ military retirement accounts because they also receive veterans’ disability payouts. The offset can trim a significant portion of the military retirement pay, and veterans groups have lobbied for years to end the deductions.

Army spokesman Lt. Col. Mike Moose said that since 2002, servicemembers with 20 years of military service and a combat-related injury have been receiving monthly Combat-Related Special Compensation, but those with fewer years were not eligible.

Now, the new change is effective back to Jan. 1 of this year, making all combat veterans eligible to apply for six months of retroactive payments and future monthly compensation, he said.
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http://www.stripes.com/article.asp?section=104&article=55614