Constitutional Law – Courts – Martial – Power of Congress to Provide for Military Jurisdiction Over Retired Servicemen
A retired naval officer was charged with violations of the Uniform Code of Military Justice based upon acts of sodomy occurring after his retirement. At arraignment he challenged the jurisdiction of the military tribunal on the ground that Article 2(4) of the U.C.M.J., providing for court-martial jurisdiction over retired servicemen, contravenes the Fifth Amendment. The court-martial and the board of review overruled this objection, and the accused was convicted and sentenced. On appeal, held, while jurisdiction is proper, reversed on other grounds for further proceedings. A retired member of the armed forces who is entitled to pay is a part of “the land or naval forces” and is therefore subject to military jurisdiction within the exception to the Fifth Amendment. United States v. Hooper, 9 U.S.C.M.A. 637 (1958).