Shooter

Trivia: When Swagger is recuperating from the makeshift operation, it's shown that he has a third nipple below the left nipple.

Continuity mistake: Swagger was shot in the upper right chest and lower right abdomen, making him limp badly. When the teacher stitches him up, there is only the bullet hole in his chest. He also miraculously recovers immediately.

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Question: In the movie they state the colonel cannot be charged because the crime was committed outside of the United States. All active members of the US military like the colonel are subject to the uniformed military code of justice no matter where the crime was committed, so how did the colonel prevent the military justice system from being able to charge him?

Answer: You are completely correct. This is a clear mistake, the colonel could (and would) most certainly be charged for his crimes.

BaconIsMyBFF

Though unlike the movie, it's not up the attorney to decide if a military member gets charged, it's up to the judge advocate general.

Actually it's not a mistake. The colonel is not a member on active duty in the service. He's ex military. He's the one running the contractor group that carries out the senator's dirty deeds.

Answer: Receiving retirement pay and being in the IRR confers jurisdiction, even over retired military personnel.

Answer: "The colonel" was not active duty military, BUT as a retiree he is still subject to the UCMJ.

How are retirees subject to the UCMJ?

They're not, generally. Some service members who've served for more than 20 years but less than 30 are or were subject to the UCMJ. There was a recent legal opinion overruling this though. https://www.military.com/daily-news/2019/08/09/new-bombshell-legal-opinion-says-military-retirees-cant-be-court-martialed.html.

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