Responsibilities and Restrictions After Military Retirement

As retired military personnel, you have certain obligations and responsibilities. You are expected to do the following:

• Keep your ID card and your family members’ ID cards current.
• Register your family in the Defense Enrollment Eligibility Reporting System (DEERS). It is the retiree’s responsibility to register their dependents in DEERS. Without registration, family members will not be eligible for Tricare and other benefits.
• Make sure you promptly notify the Accounting and Finance Center, for your branch of the service, about changes in marital status, address changes, or any other change that could affect your Survivors’ Benefit Plan.
• Educate your loved ones about the location of all of your military records and about how to contact the nearest casualty assistance office in the event of your death.
• Only wear your uniform in compliance with official uniform directives.
• When working in a civilian field, avoid any conflicts of interest by complying with federal employment restrictions and following reporting requirements when a conflict of interest is identified.
• Before accepting any sort of employment from a foreign government, whether a temporary assignment or a permanent job, get approval.

Under Title 18 United States Code, Section 207 the following restrictions may apply:

• You cannot make a formal or an informal appearance on behalf of any employer with the intent to influence a representative of any U.S. government department or service relating to any particular matter involving specific parties that you were previously involved with on the issue.
  • Example: Your job in the military was to decide what brand of engine oil to buy for the motor pool. If you take a job with one of the oil companies after retirement, you cannot be the sales representative contacting your old co-workers to sell your brand of engine oil to the military.
• For a period of 2 years after your retirement, you cannot make either a formal or an informal appearance before any government agency or department or contact people you know who are still in the service to influence them on any topic that was part of your responsibility when you were in the military.
  • Example: You were a Navy officer responsible for working with a civilian company on a missile guidance system for submarines. You are now retired and employed with that same civilian company. Recent allegations have arisen that the guidance system is susceptible to hacking by foreign powers. You cannot go before a Congressional committee and testify to the safety of the guidance system.
• For a period of one year after you complete your military responsibilities, any civil servant or military officer who participated in treaty or trade negotiations may not knowingly aid or advise anyone concerning such ongoing treaty or trade negotiations.

 

Yes, senior military officers and flag officers have additional restrictions like the one year “cooling off period.” During the first year following separation, they are prohibited from seeking any official action on the part of the government on behalf of a third party.

Maybe. If you are retired military, you are required to get permission from the secretary of your service (Secretary of the Navy, Army, Air Force, etc.) and from the Secretary of State before working for a foreign government.

The Emoluments Clause of the United States Constitution requires approval before any retired federal employee or any retired member of the U.S. Armed Forces can accept a paycheck from a foreign country. The penalty for violating the Emoluments Clause is losing your military retirement during the period of the violation.

The Emoluments Clause affects retired enlisted personnel and officers alike.

Example: A retired Air Force NCO who worked as a jet mechanic gets a job offer from Qatar Airlines to be a mechanic and work on commercial jetliners at an airport here in the U.S. Does the retired NCO need permission to take the job? Yes, they do.

If there is any action that your potential or current employer asks you to do that may violate 18 U.S.C. 207, contact an ethics counselor from the branch of service you retired from or a JAG officer from a military legal office.

When a violation occurs, authorities look at the specific facts and circumstances of each case to decide if the violation rises to the level of a criminal act.