Desertion in wartime: AWOL over 30 days? :penalty?

[oscar111]

When does AWOL change into desertion? Seem to have heard thirty days, but i could be wrong.
What is the penalty for desertion during war? Seems like it would be pretty harsh. Statute of limitations on it?

[qazplm]

1. no such thing

per se, you dont just convert AWOL into desertion. Desertion requires an intent to remain away permanently, or to avoid hazardous duty or combat.
(you can have an AWOL for more than 30 days and the current max punishment is 1 year and a DD)

Desertion in time of war is a pretty particular set of circumstances, and envision not simply the country being at war someone deserting in the states but something more along the lines of you were IN the war and left your post for good. The max punishment is death in that case.

AWOL is just absent without leave, the only intent is the intent to basically not be where you are supposed to be without permission to be there.

The thing is, if his commanders were complicit in allowing him to blow off the time, then technically he wasnt AWOL, because one of the elements requires that his unit expected him to do his duty at a certain place or time.

And from what I can tell, they let him do whatever he wanted to do for the most part.

[oscar111]

2. some laws assume intent

hi ,
thanks for the input..

however, some laws assume intent.. so AWOL over X days, could indicate to the harsh military legal world, that intent existed.
Statutory rape, posession of large amounts of drugs,... both assume things.

Since intent is hard to prove, i would be very surprised if the military law writers would make things hard on military judges by setting up the need to prove intent to desert.

Ignoring AWOL status, based on his commander's possible willingness to be soft on him generally, would still require some legal body to establish that soft attitude's existence, right? Otherwise the rule to apply in this case would be the usual rule, "AWOL if absent from your training classes.".

[moondust]

3. 30 days.

I think it is assumed that an AWOL after 30 days does not intend to return and to avoid desertion charges must show otherwise. Figure that 30 days is plenty of time to contact the unit and explain any extenuating circumstances. I believe the maximum penalty for desertion during wartime is death.

[RoeBear]

4. Apparently the minimum sentence is...

...they make you president.

[TexasProgresive]

5. Part of the real problem is that

his superiors are/were derelict in their duty. They did not bring Dumbya up on charges because they didn't want to face the consequences. But even without AWOL or desertion chargers he should've been activated for not getting a slot in a new unit 45 days from leaving his original unit. This is all recorded on form DD-214 of which we've seen hide nor hair of. When Freeps go on about Kerry signing that release form (DD-800?) just ask where's Dumbya's DD-214. If they are vets ask them if they have theirs. My guess is that nearly every vet has his/her DD-214 in a safe place. I know where mine is and I know where to get another one.