Some of you Coli legal scholars might ought want to read the law once in a while. Retirees like the dude in the story are treated differently than regular people that who left after their enlistment ended or those that resigned their commisions.
This is only a legal opinion stating that some retirees can not be reactivated and then court martialed, however it has not been litigated in courts. However, the Uniform Code of Military Justice for Marines and Sailors states that:
"...
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."
New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed
