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From: inc@fluke.UUCP (Gary Benson)
Newsgroups: net.legal
Subject: Re: Military Justice
Message-ID: <544@tpvax.fluke.UUCP>
Date: Fri, 22-Feb-85 13:33:47 EST
Article-I.D.: tpvax.544
Posted: Fri Feb 22 13:33:47 1985
Date-Received: Wed, 27-Feb-85 04:12:55 EST
References: <1238@drusd.UUCP>
Organization: John Fluke Mfg. Co., Inc., Everett, WA
Lines: 45


These questions were raised:

> Is it too late for the army to court-martial General William Westmoreland
> for issuing false estimates of vc strength during the war?
> 
> Does General Westmoreland's retired status put him beyond the reach of
> military justice?
>
> Can a retired officer be recalled to active duty and court-
> martialed for crimes committed prior to his retirement?

> Can he still be tried under Art. 134 of the Uniform Code of Military
  Justice? (Honor of the military)


1) It's never too late. Military justice is retroactive, so even though
   logic would say that Westmoreland is a private citizen, and thus would be
   treated as such, the UCMJ applies in the same way that you as an American
   citizen are subject to US law when travelling abroad. UCMJ sees offenses
   as timeless; in fact there is no such thing as a "statute of
   limitations".

2) Absolutely not. Retirement is a "state" that officers enter. There are
   certain perquisites and responsibilities tied to entering this state. One
   is that the officer can still sign his name with his rank, so long as he
   puts the notation (Ret.) behind it. Other notable points: Retired
   military personnel sign an oath swearing not to divulge any secrets they
   may be privy to; they receive a wage amounting to (usually) better than
   50% of their military pay; they are classified for the draft before women
   and children, but of course not before healthy young men.

3) There is no need to bring him back to active duty. He is liable to UCMJ
   for his actions while on active duty. Cf, Mengele.

4) Probably 134 would work, but more than likely it will be Article 15, the
   catch-all. Maybe both. Personally, I think the crimes should be pinned on
   JBJ posthumously.



-- 
Gary Benson   {allegra microsoft ssc-vax telematic uw-beaver wavetek} fluke!inc
John Fluke Mfg Co  MS 232-E  PO Box C 9090 Everett WA USA 98206  (206) 356-5367
+ This is the day which the Lord hath made; let us rejoice and be glad in it! +