Skip to comments.Uniform Code of Military Justice: Punitive Articles - 885 Desertion and 886 Absent Without Leave
Posted on 06/15/2014 6:58:43 PM PDT by xzins
(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.
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.
Many seem to think it was merely AWOL.
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.
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.
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.
Late for formation is F.T.R. Failure to report.If you fail to report the next day you are A.W.O.L.
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.
Before or after his term as Sergeant Major of the Army?
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?
Father or son?
Democrats might want to save their worthless skins... they’re going to turn on Obama.
Per the language of the UCMJ there is no prosecutorial discretion. Bergdahl “shall be court marshalled”.
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.
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.
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
Is is not:
AWOL up to 30 days absent and after that:
if giving aid to enemy - TRAITOR?
That will set a very bad precedent.
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.
The manual for courts martial (mcm) says this about intent:
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 accuseds station;
that the accused could have conveniently surrendered to military control but did not;
that the accused was dissatisfied with the accuseds 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.
But Obama cares about Obama.
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.
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, ...
Sounds like the military has circumstantial evidence for desertion....I highly doubt they will charge him with the current regime, though.