Can a former marine, honorably discharged, be stripped of his military pension if he is convicted of a felony?

Question

Can a former marine, honorably discharged, be stripped of his military pension if he is convicted of a felony?

Answer 1

YEP sure can if you spend more than 6 months in jail you can lose your pension and any service connected disability

Answer 2

only if the crime was committed while in uniform on a military installation. and he doesn't get caught convicted until after he retires.    

asking this same question half a dozen different ways doesn't change the answer.. anything this guy supposedly does AFTER he gets out of uniform HAS NO BEARING ON THE MILITARY.   any crimes he committed after discharge( and which is it..discharge or retirement?)  WILL NOT AFFECT ANY BENEFITS HE RECEIVES FROM THE MARINES.

Answer 3

Yes, law changes in the last 20 years or so now make it possible to suspend any pension during incarceration, but I am not sure as to the details or duration. It may be that a pension can be restored for some crimes. I believe it was pedophiles living high on the hog in prison that stirred the debate. Good topic to research.  

Answer 4

Even if you have an outstanding warrant for a felony, a pension can be withheld

Answer 5

you can't receive a pension while incarcerated.

Answer 6

If the person ends up serving time, he will loose his pension.  This would be the case with almost any government based pension...from social security and disability to military retirement.  I am not sure if he would loose the money completely during that time or if it held over.  The best thing to do in this case is contact the VA and the local court system...both can provide better information.

Answer 7

I have serious doubts about that.  I expect it would depend on the seriousness of the felony.  Felonies can be of a "light" nature (i.e. running from the police), all the way up to Capital Murder.  It would depend upon the nature of the crime, the state it was committed in (and the laws thereof), and the mood of the given judge.

P.S.  I'm with Golden on this one, no pension while incarcerated.  Period.

Answer 8

MrsJVB.

Get your facts straight before you post answers to questions such as this.  If a Military Member is retired and is convicted of a Felony, they can lose their entire retirement pay and allowances.  They carry a Retired I.D. card for the remainder of their life and if determined to be a serious charge such as treason or espionage, they can be recalled to Active Duty and face a General Courts-Martial.  Upon conviction, they could face reduction in rate to E-1 and loss of all pay and benefits.

If the individual is holding an Inactive I.D. card, they also can be recalled to active duty and face a courts-martial.  

It normally would involve Federal charges.  The State no matter where the crime was committed if under State laws CAN NOT stop the retired individual from receiving their retired pay.  They can have the individual pay for any damages or other penalties however they cannot stop their pay.  The Military Pension is Federal and the States have no legal standing to stop or take the pay except in the ideas I suggested here.

So in the future, do your research before you post answers.

Answer 9

I believe so...in cases of crimes against the government...such as treason and tax evasion