East Bend, NC asked in Military Law for Georgia

Q: Can my friend’s Medical retirement benefits be taken away for fraternization while he was in the Army?

He’s been medically retired over 18months now, and his child’s mother is still in the Army and not cooperating with court order and he have to get JAG and her COC involved. Can anything happened to him since he medically retired or her since she’s not following a court order by updating her military records with the correct information?

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1 Lawyer Answer
Patrick Korody
Patrick Korody
  • Military Law Lawyer

A: Technically, yes. If you are receiving pay, including retired pay, you can be recalled to active duty to be court-martialed for crimes, including fraternization, that occurred on active duty and are still within the statute of limitations (5 years for Art 92 violations).

Realistically the Secretary of the Army is not going to recall anyone over fraternization allegations.

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