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Uniform Code of Military Justice: Punitive Articles - 885 Desertion and 886 Absent Without Leave
Punitive Articles UCMJ ^ | Current | UCMJ

Posted on 06/15/2014 6:58:43 PM PDT by xzins

885. ARTICLE 85. DESERTION

by on Jul.21, 2010, under 10. Punitive Articles

(a) Any member of the armed forces who–

(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another on of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion.

(b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.

886. ARTICLE 86. ABSENCE WITHOUT LEAVE

by on Jul.21, 2010, under 10. Punitive Articles

Any member of the armed forces who, without authority–

(1) fails to go to his appointed place of duty at the time prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed;

shall be punished as a court-martial may direct.



TOPICS: Extended News; News/Current Events
KEYWORDS: awol; bergdahl; desertion
The case of Bowe Bergdahl has many saying he was AWOL rather than deserted. His fellow unit members all say he deserted. They have explained and ascribe intent because he packed his possessions and sent them home prior to his departure.

Many seem to think it was merely AWOL.

1 posted on 06/15/2014 6:58:43 PM PDT by xzins
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To: All

The case of Bowe Bergdahl has many saying he was AWOL rather than deserted. His fellow unit members all say he deserted. They have explained and ascribe intent because he packed his possessions and sent them home prior to his departure.

Many seem to think it was merely AWOL.


2 posted on 06/15/2014 6:59:03 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

You do realize that Barack Hussein Mohamed Obama, Junior is the president and can pretty much do whatever he likes in this matter, right? Sergeant (P) Bergdahl will never see the inside of a courtroom, prison or even an Article 15. PERIOD.


3 posted on 06/15/2014 7:02:24 PM PDT by 2ndDivisionVet (I will raise $2Million USD for Cruz and/or Palin's next run, what will you do?)
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To: xzins

Huge difference twixt AWOL & desertion.

Back last century when I was a lowly grunt, miss a formation or simple be late and you were considered AWOL - but with relatively minor consequences.


4 posted on 06/15/2014 7:03:58 PM PDT by Graybeard58 (If any man love not the Lord Jesus Christ, let him be Anathema Maranatha. 1 Cor 16: 32)
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To: Graybeard58

Late for formation is F.T.R. Failure to report.If you fail to report the next day you are A.W.O.L.


5 posted on 06/15/2014 7:22:40 PM PDT by Nooseman
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To: 2ndDivisionVet
You are right. The Obungler has a special place for this guy in his administration. Bergdahl might be the next Sec Def.
6 posted on 06/15/2014 7:34:05 PM PDT by Mark17 (Chicago Blackhawks: Stanley Cup champions 2010, 2013. Vietnam Vet 70-71 Msgt US Air Force, retired)
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To: 2ndDivisionVet

I tend to agree with you. Obama looks silly at this point if Bergdahl gets convicted, so my sense is they’ll discharge him with some kind of medical problem.


7 posted on 06/15/2014 7:35:07 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

Before or after his term as Sergeant Major of the Army?


8 posted on 06/15/2014 7:37:00 PM PDT by 2ndDivisionVet (I will raise $2Million USD for Cruz and/or Palin's next run, what will you do?)
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To: 2ndDivisionVet

You’d like to think there’s at least someone in the administration that realizes this guy is a negative.

He might actually be an improvement as press secretary....whaddayathink?


9 posted on 06/15/2014 7:40:46 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

Father or son?


10 posted on 06/15/2014 7:41:32 PM PDT by 2ndDivisionVet (I will raise $2Million USD for Cruz and/or Palin's next run, what will you do?)
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To: xzins
without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

Packing his things up and sending them home, is a signal that he intended to remain away permanently.

Now, since he was picked up fairly quickly by his captors, we don't know if he might have changed his mind after a bit and returned to his post willingly. The fact that he tried to escape at least once also signals that he might have changed his mind eventually.

But he cannot change the fact that he initially intended this to be permanent...thus, desertion best describes his actions five years ago.
11 posted on 06/15/2014 7:48:36 PM PDT by Girlene (Hey NSA!)
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To: 2ndDivisionVet

Democrats might want to save their worthless skins... they’re going to turn on Obama.


12 posted on 06/15/2014 7:54:21 PM PDT by GOPJ (#2 reply spot RESERVED for Tokyo Rose comments: "nothing works - give up - it's all hopeless".)
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To: xzins

Per the language of the UCMJ there is no prosecutorial discretion. Bergdahl “shall be court marshalled”.


13 posted on 06/15/2014 8:00:21 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: P-Marlowe; Girlene

In either case, the prescribed punishment for remaining gone is court martial. And they can charge him with both if they feel like it.

Girlene’s point is what I’ve generally followed: packing up his possessions and shipping them home is an indication of intent.

Moreover, it appears that he waited until late and snuck off. That also goes to intent.

So, he SHOULD go to court-martial.

Since it will make Obama look silly for Bergdahl to go to court martial, then they’ll declare him a mental case and discharge him.


14 posted on 06/15/2014 8:12:40 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

I wouldn’t be surprised if they have an Article 32, but no court martial. From what we know, it would seem a court martial would be recommended, but, like you indicated, it probably won’t happen.


15 posted on 06/15/2014 8:21:11 PM PDT by Girlene (Hey NSA!)
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To: Girlene

We were told he tried to escape by the very people trying to deflect this situation.

I’ll take that info with a grain of salt


16 posted on 06/15/2014 8:24:08 PM PDT by digger48
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To: xzins

Is is not:
AWOL up to 30 days absent and after that:
DESERTER? and
if giving aid to enemy - TRAITOR?


17 posted on 06/15/2014 8:25:12 PM PDT by maine-iac7 (Christian is as Christian does - by their fruits)
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To: xzins
Since it will make Obama look silly for Bergdahl to go to court martial, then they’ll declare him a mental case and discharge him.

That will set a very bad precedent.

18 posted on 06/15/2014 8:26:33 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: Nooseman
My memory is a bit mushy after 50 years since enlistment.

On another subject, my DD214 is in error. It says that upon discharge, my rank was E1, should say E4, unless I got busted and no one told me about it. Can't tell that it has affected me in any way since my discharge, so won't try going through the hassle of getting it corrected.

19 posted on 06/15/2014 8:32:44 PM PDT by Graybeard58 (If any man love not the Lord Jesus Christ, let him be Anathema Maranatha. 1 Cor 16: 32)
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To: maine-iac7; P-Marlowe; Girlene
The UCMJ itself has no timeframe, but it appears to turn on intent.

The manual for courts martial (mcm) says this about intent:

http://www.loc.gov/rr/frd/Military_Law/pdf/MCM-2012.pdf

page 295 on the pdf file

(iii) The intent to remain away permanently m a y b e e s t a b l i s h e d b y c i r c u m s t a n t i a l e v i d e n c e .
Among the circumstances from which an inference may be drawn that an accused intended to remain absent permanently are:
that the period of absence was lengthy;
that the accused attempted to, or did, dispose of uniforms or other military property;
that the accused purchased a ticket for a distant point or was arrested, apprehended, or surrendered a considerable distance from the accused’s station;
that the accused could have conveniently surrendered to military control but did not;
that the accused was dissatisfied with the accused’s unit, ship, or with military service;
that the accused made remarks indicating an i n t e n t i o n t o d e s e r t ;
t h a t t h e a c c u s e d w a s u n d e r charges or had escaped from confinement at the time of the absence;
that the accused made preparations indicative of an intent not to return (for example, financial arrangements);
or that the accused enlisted or accepted an appointment in the same or another armed force without disclosing the fact that the accused had not been regularly separated, or entered any foreign armed service without being authorized by the United States.

On the other hand, the following are included in the circumstances which may tend to negate an inference that the accused intended to remain away permanently:
previous long and excellent service;
that the accused left valuable personal property in the unit or on the ship;
or that the accused was under the influence of alcohol or drugs during the absence.
These lists are illustrative only.

20 posted on 06/15/2014 8:56:22 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: P-Marlowe

I agree.

But Obama cares about Obama.


21 posted on 06/15/2014 8:57:37 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

Don’t forget the punitive article for missing movement. Although normally only used by the Navy, Marine Corps and Coast Guard, an argument could be made that Bergdahl is guilty of missing movement, when his unit rotated stateside.

Desertion is, at best, difficult to prove, because the member can always state he was returning. Even those who have been UA for years and completely reintegrated into the civilian world, have never been charged with desertion, they are always charged with being UA.


22 posted on 06/15/2014 9:09:30 PM PDT by cgchief
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To: cgchief
Edward "Eddie" Slovik (Pvt.), US 3rd Army, 28th Division, was charged with desertion in time of war, was court-martialled, was found guilty, and was executed by firing squad in late January 1945.

But, of course, fully expect that a novel-sized document will be forthcoming sometime in early 2017, which pardons completely and en masse people of favor, say in the DoJ, IRS, ...

23 posted on 06/16/2014 2:16:20 AM PDT by jamaksin
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To: xzins

Sounds like the military has circumstantial evidence for desertion....I highly doubt they will charge him with the current regime, though.


24 posted on 06/16/2014 11:13:01 AM PDT by Girlene (Hey NSA!)
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