Our servicemembers dedicated their lives to defending the Constitution and the freedoms it guarantees. Yet even in retirement, many are still denied the full rights of the very document they swore to protect.

Under Article 2 of the Uniform Code of Military Justice, codified at 10 U.S.C. § 802, military retirees, including reserve retirees and Fleet Reserve members, remain subject to military law despite no longer serving in an active capacity. This outdated policy unnecessarily restricts freedom of speech, due process, and other fundamental constitutional protections, rights that all other citizens fully enjoy.

The Military Retiree Freedoms Restoration Act seeks to correct this by:

1. Amending 10 U.S.C. § 802 (Article 2, UCMJ) to remove jurisdiction over retired members of the Armed Forces, reserve retirees, and Fleet Reserve members.
2. Restoring full constitutional freedoms to those who have completed their active service obligations.
3. Affirming retiree dignity by recognizing their rightful civilian status.

This reform does not alter earned benefits, retirement status, or the honor of service. It simply ensures that after a lifetime of sacrifice, military retirees return fully to civilian life, free from military law, and enjoy the same rights as every other citizen.

Liberty should not end with retirement. It should begin anew.

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Proposed Legislative Change
To implement this reform, Congress should amend 10 U.S.C. § 802 (Article 2, UCMJ) to remove paragraphs (4), (5), and (6), which currently extend jurisdiction over:

1. Retired members of a regular component of the armed forces entitled to pay.
2. Retired members of a reserve component receiving hospitalization from an armed force.
3. Members of the Fleet Reserve and Fleet Marine Corps Reserve.
    
   Draft Bill Language

A BILL
To amend title 10, United States Code, to restore full constitutional freedoms to retired members of the Armed Forces by limiting the jurisdiction of the Uniform Code of Military Justice.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the “Military Retiree Freedoms Restoration Act.”

SEC. 2. LIMITATION OF UCMJ JURISDICTION OVER RETIREES.
(a) Amendment to Article 2, UCMJ. Section 802 of title 10, United States Code (article 2 of the Uniform Code of Military Justice), is amended—

in subsection (a), by striking paragraphs (4), (5), and (6); and
by redesignating the subsequent paragraphs accordingly.
(b) Effect of Amendment. Retired members of a regular component of the armed forces, retired members of a reserve component, and members of the Fleet Reserve and Fleet Marine Corps Reserve shall not be subject to the Uniform Code of Military Justice solely by virtue of their retired status.

SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to affect the entitlement of any retired member to pay, benefits, or honors earned through service in the Armed Forces