retirement oz


If a retired U.S. military officer was convicted of a crime would they lose their rank and retirement pay?

I don't know if this has ever happened before but I was just wondering what would happen. I would assume they would be kicked out of the military and lose their retired rank...but would they stop receiving retirement benefits? What if a retired military officer renounced his or her citizenship? Would they stop receiving retirement benfits and/or lose their retired rank?

Public Comments

  1. Yes- if a military retiree(on either retainer or retired status) is convicted of a felony in Federal court, their pay can be revoked.(The Walkers in the spy scandal in the 1980's) As far as renouncing citizenship, I don't know-you may wish to discuss that with a JAG (military lawyer) officer.
  2. if retired military people commit a federal offense they loose their retirement. you can be a citizen of a foreign country and still draw military retirement from the USA as an example the people from the Philippines can retire from the us military and never be a citizen of the USA
  3. No, if they would give them pay for all their crimes in the first place why would they take it away later??
  4. No, unless the crime involved his retired status.
  5. The Comptroller General of the United States rulled that a military member who deliberately acquires foreign citizenship has acted in a manner "repugnant to his status as a member of the armed forces" as to warrant terminating his retired pay. See decision 41 Comp. Gen. 715. Military retirees are in many cases still subject to court-martial. See Title 10, US Code, Section 802. Such a retiree could be court-martialled and sentenced to a punitive discharge (dishonorable or bad conduct discharge for enlisted, or dismissal for officers). That discharge, if approved, would terminate their retired pay. There is also the Hiss Act (5 USC 8311-8322). Convictions of certain offenses against national security trigger a prohibition on paying retired pay (military or civilian) to the person.
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