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In reply to the discussion: Pentagon cuts Sen. Mark Kelly's military retirement pay as punishment over 'illegal orders' video By Zachary Cohen 4 MI [View all]marble falls
(71,106 posts)... document I signed put me under the Uniform Code of Military Justice (you know, the code originally devised by Napoleon Bonaparte). This code is written so that when the accused is arrested he is presumed guilty, he gets a chance to prove otherwise in a very well stacked system against him. This memory is the ONLY clear memory I have of being inducted. It strikes me still.
The difference is as discharged enlisted personnel, I am no longer under the UCMJ. Enlisted are discharged. Officer resign their commission (unless there are certain conditions like conduct unbecoming) and are technically still in the military as "inactive", and this alone does not exclude them from coming under the USMJ at some later point.
Whether he can sue or not is up for grabs, until an authority higher than the Pentagon can rule - like the SCOTUS.
Uniform Code of Military Justice is the ultimate oxymoron.