I don’t see any way around desertion since he wasn’t where he was supposed to be AND he sent his possessions home prior to the desertion AND he snuck out rather than doing it in broad daylight.
What that means is that he (1) knew it was wrong (2) planned for it, and (3) did it anyway.
Arguing mental defect requires not being aware of right and wrong.
In my active duty time, I did have 2 soldiers have total psychotic breaks. They were institutionalized, treated, and eventually discharged to the loving care of the Veterans Administration.
I can think of a couple of ways that a basic training mental defect discharge from one service could then be re-enlisted in another service. (1) An all clear from doctors, (2) Claim of a defect that wasn’t itself officially considered harmful...homosexuality comes to mind coupled with a claim of persecution or abuse (3) lowering of Army standards to accept Cat 4/defectives due to low enlistment rates,
Bump
That's the way I see it also. It was premeditated and he deserted, period.
I would like to think 0bama won't interfere by swaying the brass against bringing charges and sending him before an Article 32 hearing but will not hold my breath.
On his way to BAMC and a MEB process for seperation with honorable discharge. The skids are greased.
I had a friend of mine who served in Vietnam. Most nights he would stick a 45 in his belt and go outside the wire to visit the nearby prostitutes. He was 18 and a bit crazy, but he wasn’t a deserter. We should give this guy a fair trial before we convict him.