Can a Military Retiree Be Court-Martialed?

The short answer is yes — if you retired from active duty — and generally no if you retired solely from the Reserve or National Guard without qualifying for active-duty retirement. But like many areas of military law, the real answer is more nuanced.

Under Article 2(a)(4), Uniform Code of Military Justice (UCMJ), retired members of a regular component of the armed forces who are entitled to pay remain subject to court-martial jurisdiction. This means that certain retirees can face prosecution for alleged offenses committed either while on active duty or after retirement.

While courts-martial of retirees remain relatively uncommon, they are not theoretical. In recent years, the government has demonstrated a willingness to pursue cases against retirees, particularly in matters involving allegations of sexual misconduct, fraud, or misconduct tied to post-retirement employment or relationships.

Our firm has successfully represented retirees facing UCMJ prosecution and understands the unique legal, procedural, and reputational stakes involved. As recently as this year (2026) we had a case dismissed against a retired Army Major involving alleged child sexual assault while he was on active duty.

When Can Retirees Be Prosecuted?

Military jurisdiction over retirees generally depends on the type of retirement and retirement status.

Active Duty Retirees

Service members who retire from active duty and receive retired pay typically remain subject to UCMJ jurisdiction under Article 2(a)(4). This jurisdiction can extend to:

• Alleged misconduct occurring before retirement
• Alleged misconduct occurring after retirement
• Misconduct connected to government employment, contractor work, or interactions with active-duty personnel

Reserve and National Guard Retirees

Most retirees from reserve components who are not drawing active-duty retirement pay are generally not subject to court-martial jurisdiction. However, there can be exceptions, particularly if jurisdiction attaches based on misconduct committed while in a duty status. Because these jurisdictional questions can be complex and fact-specific, early legal analysis is critical.

Recent Cases Demonstrate the Government Is Willing to Prosecute Retirees

Retiree jurisdiction has drawn significant national attention and appellate litigation in recent years.

United States v. Begani (CAAF 2020)

In United States v. Begani, the Court of Appeals for the Armed Forces upheld court-martial jurisdiction over a retired Chief Petty Officer from the regular Navy. The court rejected equal protection challenges arguing that active-duty retirees were treated differently than reserve retirees. The decision confirmed that Congress may constitutionally subject regular component retirees to military jurisdiction.

Ongoing Constitutional Challenges

Retiree jurisdiction continues to be litigated across federal courts. Several recent challenges have questioned whether retirees maintain a sufficient connection to the armed forces to justify court-martial jurisdiction. Although appellate courts have largely upheld jurisdiction so far, the legal landscape continues to evolve, and jurisdictional defenses remain viable in appropriate cases.

High-Profile Political Discussions

Retiree jurisdiction has also surfaced in public discussions involving senior retired officers and elected officials (such as with LTG Flynn and Senator Kelly), highlighting the continued relevance and potential reach of military authority over retired personnel. While these matters do not always result in prosecutions, they demonstrate the government’s willingness to explore jurisdictional authority.

Potential Consequences of a Retiree Court-Martial

The stakes in retiree prosecutions can be enormous. A conviction may result in:

• Loss or reduction of retirement pay
• Reduction in retired rank
• Federal criminal conviction
• Confinement
• Collateral consequences affecting security clearances, employment, and reputation

Unlike many administrative actions, court-martial convictions create a permanent federal criminal record.

(You can learn more about potential penalties on our Court-Martial Defense page.)

Unique Defense Considerations in Retiree Cases

Retiree courts-martial raise specialized legal and strategic issues that differ significantly from standard active-duty prosecutions, including:

• Jurisdictional challenges under Article 2, UCMJ
• Constitutional litigation involving due process and equal protection
• Statute of limitations issues under Article 43, UCMJ
• Complex discovery and evidentiary litigation involving historical allegations
• Coordination with parallel federal or civilian investigations

Our firm aggressively litigates pretrial motions when jurisdiction or admissibility issues exist. Early motion practice can significantly shape — and sometimes end — a prosecution.

(Learn more about our motion practice on our Military Appellate & Complex Motion Practice page.)

Our Experience Defending High-Stakes Courts-Martial and Retiree Prosecutions

Cave & Freeburg has extensive experience handling complex, high-profile military justice cases worldwide, including cases involving retirees, senior officers, and highly sensitive investigations.

Our attorneys have successfully defended service members in nationally significant cases, including:

United States v. LTC Winograd

Cave & Freeburg successfully defended retired Army Lieutenant Colonel Winograd in a high-profile retiree court-martial prosecution for the alleged sexual assault of another Army officer. The case involved complex jurisdictional, evidentiary, and litigation issues unique to retiree prosecutions. Our representation protected our client’s retirement interests while aggressively challenging the government’s case resulting in a complete dismissal of charges and the preservation of retirement.

United States v. Dezwaan

A full acquittal in a complex Air Force terrorism-related prosecution involving allegations arising from the bombing of MSS Green Village in Syria. The case involved extensive expert litigation across digital forensic, medical, explosives, and DNA disciplines.

Experience defending large, technically complex prosecutions translates directly to retiree cases, which often involve historical investigations, extensive records, and aggressive government litigation.

Why Choose Cave & Freeburg?

Proven Experience

Our military defense lawyers have decades of combined experience defending courts-martial worldwide, including cases involving retirees and senior service members.

Strategic Litigation Approach

We emphasize aggressive pretrial litigation, jurisdictional challenges, and expert-driven defense strategies designed to dismantle prosecutions early whenever possible.

Clear, Honest Guidance

Retiree clients face unique personal and financial risks. We provide straightforward assessments of exposure, realistic defense strategies, and constant communication.

Confidential Consultation

All consultations are private and protected by attorney-client privilege.

What Should You Do If You Are Under Investigation?

If you are a retiree contacted by military investigators, federal agents, or command representatives:

• Do not provide statements without legal counsel
• Preserve documents and communications
• Seek immediate advice from experienced military defense counsel

Early intervention frequently determines whether charges are filed and can significantly influence investigative outcomes.

(Additional guidance is available on our Under Investigation page.)

Frequently Asked Questions About Retiree Courts-Martial

Can the military really prosecute me after I retire?

Yes. Active-duty retirees who receive retired pay remain subject to military jurisdiction under Article 2(a)(4), UCMJ. Courts have repeatedly upheld Congress’s authority to allow retiree courts-martial.

Can I lose my retirement pay if convicted?

Yes. A retiree convicted at court-martial may lose retirement pay entirely or suffer a reduction in retired rank, which can significantly reduce benefits.

Can retirees go to military prison?

Yes. Retirees convicted at court-martial can receive confinement and may serve sentences in military confinement facilities or federal prisons.

Are retiree courts-martial common?

No. They remain relatively rare. However, the government has shown increased willingness to pursue retiree prosecutions in recent years, especially in cases involving allegations of sexual misconduct or serious criminal offenses.

Does the military have jurisdiction over misconduct that happened after I retired?

Sometimes. Active-duty retirees remain subject to the UCMJ for certain misconduct occurring after retirement, depending on the circumstances and nature of the alleged offense.

Should I talk to investigators if I am retired?

No. Retirees often assume they are no longer subject to military authority and unknowingly provide damaging statements. You should speak with experienced defense counsel before answering any questions.

Are there defenses unique to retiree cases?

Yes. Jurisdictional, constitutional, and statute-of-limitations defenses frequently arise in retiree prosecutions. These defenses require early and aggressive litigation.

Take Action Now — Protect Your Retirement and Reputation

If you are a retired service member facing investigation or potential court-martial, you have too much at stake to wait. Retirement benefits represent decades of service and sacrifice. They deserve experienced, aggressive defense.

Free Consultation: Contact Us Now or call 703-298-9562

Your retirement is worth defending. Let our experience protect what you earned.

If you are a retiree who is being investigated for any crime, don’t wait. Contact our military defense team for a free, confidential consultation. We’ll help you understand your options and fight to protect your hard-earned benefits.

• Free Consultation: Contact Us Now or call 703-298-9562 

Your retirement is worth defending—let our experience work for you.