Is President Bush a Deserter? How the military defines the crime.

Slate ^ | Brendan I. Koerner

[Hillary's Lovely Legs]

Wesley Clark has been criticized for refusing to distance himself from filmmaker Michael Moore's assertion that George W. Bush, who served with the Air National Guard, is a "deserter." What is the formal definition of desertion in the military, and does it jibe with the particulars of President Bush's case?

The crime of desertion is covered in Article 85 of the Uniform Code of Military Justice. A deserter, in addition to not showing up for work, must also have the "intent to remain away therefrom permanently." In a court martial, prosecutors can demonstrate such intent by presenting evidence that the accused ditched his military uniforms, bought a bus ticket out of town, or remarked to a friend that he was never, ever heading back to base. Evidence to the contrary might include leaving behind personal property, a lengthy record of otherwise first-rate service, or testimony that the accused's absence was due to substance abuse.

During times of crisis, a soldier can be ruled a deserter even when she has not demonstrated any intent to leave permanently. A member of the armed forces who takes off "with intent to avoid hazardous duty or to shirk important service" can also be found guilty of desertion, and the punishment for abandoning one's duty during combat can include execution. (Click here for Explainer's previous take on the military death penalty.) In rare instances, a desertion court martial is also possible when someone joins another branch of the military, or a foreign army, without first being "regularly separated"—that is, free and clear—from their previous post.

As a practical matter, the military usually divides "absent without leave" cases from desertions by considering the length of the accused's time away. According to a 2002 report by the U.S. Army Research Institute, a missing soldier is considered AWOL until the 31st day of his absence, at which time his status is changed to "Dropped From Rolls," the administrative term for desertion. Few soldiers classified as DFR ever face a court martial for desertion, however; the report states that 94 percent of DFRs are simply given less-than-honorable discharges.

Strictly speaking, Moore's charge is incorrect. "Deserter" is a precise legal term reserved for those who've been court martialed and found guilty. Bush, by contrast, was honorably discharged in 1973. The question then becomes whether Bush's status should have ever been changed to the equivalent of DFR during his term with the Air National Guard, which began after his graduation from Yale in 1968.

The president's allies and critics both seem to agree that Bush's service was beyond reproach until May of 1972, when he left Houston, where he was stationed, for Alabama, to work on a Republican senatorial campaign. The sticking point is whether Bush ever reported for duty with the 187th Tactical Recon Group, based in Montgomery, Ala., as he was supposed to. Bush claims that he did indeed show up for duty, though he did not fly. (A Boston Globe investigation from 2000 quotes a campaign spokesman who said Bush performed "odds and ends" in Montgomery.) Though Bush admits to missing a few required weekends while in Alabama, he says he made up that time when he returned to Texas the following year. He received his honorable discharge in October of 1973, eight months before his scheduled discharge, so he could attend Harvard Business School.

There are conflicting accounts as to whether Bush ever really served in Alabama. The commander of the 187th Tactical Recon Group told the Globe that he has no recollection of Bush's presence. Several Bush friends, however, have insisted that they distinctly remember the president attending drills in Montgomery. The issue has become a partisan lightning rod, with organizations on both right and left offering differing takes on the commander in chief's time with the Air National Guard.

[Hillary's Lovely Legs]

[mystery-ak]

Not this sh$t again!

[Rebelbase]

This is only a story for the seething, hate-Bush crowd.

After 8 years of lies, adultry, Arkancide, and degredation of the office of the President by X42, the hate filled left is compelled to manufacture news of equal shock value against Bush.

[Howie66]

Is it just me or has anybody else noticed that those that seem to most concerned about the military record of our President are people that have absolutely NO MILITARY EXPERIENCE whatsoever?

[mountaineer]

those that seem to most concerned about the military record of our President are people that have absolutely NO MILITARY EXPERIENCE whatsoever?

Or loathe the military, e.g., Michael Moore.

[cookcounty]

Is President Bush a Deserter? How the military defines the crime.

Next week:

Is John Kerry a War Criminal? How the Geneva Conventions define the crime.

[Joe Driscoll]

Not only is she an expert on the UCMJ, she seems very well informed on other subjects too.

Which Implants Look Fake?

[ladtx]

The commander of the 187th Tactical Recon Group told the Globe that he has no recollection of Bush's presence.

Wow! A United States Air Force Group commander has no recollection of a lowly LT who served in his unit 30 years ago. Imagine that. Hell I served in Vietnam and have a hard time recalling names and faces of the men I served with. Don't suppose age has anything to do with it do you?

[mtbopfuyn]

There should be a paper trail to prove it one way or the other.

[Kenton]

Who are the Democrats trying to convince, anyway? They gave up the right to use somebody's service record as a campaign issue when the nominated Bill Clinton to run their corrupt little gang of thieves...

Cripes, if Bush was REALLY a deserter, Michael Moore would have nothing but good to say about him.

[familyofman]

Why are there still questions about when, where & how often W showed up? I thought the military kept good records. Finding out the facts, instead of 30 year old memories can't be that tough.

[Hillarys Gate Cult]

I like how the author applies active duty regulations about duty time to the National Guard. The two are not the same.

[bushfamfan]

The media has repeatedly tried to make it seem as if Bush was AWOL. In fact, it's repeated by certain journalists. They keep it alive. I wish the Bushies would put an end to it, once and for all. The media and Demonrats try to get away with it. Funny how Bush was so out to save his arse that he wanted to fly one of those F-102's. Why didn't he take a desk job? George W.'s whole life is practically following in his father's footsteps-attending Yale, flying, the oil business, politics. Gives credibility to the fact the guy wanted to fly and was seeking the best way to do it. I'm sick of the anti-American, anti-military types on the other side who supported wholeheartedly a draft dodger, 'I loathe the military', lying S.O.B. like Clintoon and now have the nerve to think John Kerry, who has questionable actions returning from war, has an automatic claim to the White House now. The John Kerry's and Weasley Clarks are the type of military loonies the Demonrats get. Just shows they are the home of the radicals.

[Howie66]

"Why are there still questions about when, where & how often W showed up?"

That's a simple question to answer. There are still "questions" because some people will ignore the truth and the facts rather than allow their agenda to be derailed. It really is no more complicated than that.

[Hillarys Gate Cult]

The left contends that there are no records and this looks bad for President Bush. When he got his discharge, Vietnam had just wound down and admin everywhere was swamped with paperwork. 1972 to 1973 is one of the worst time frames to look up old military records.

[americafirst]

Having been an air-guardsman fighter pilot during the eighties, I can tell you that the author of this article knows nothing about how the Guard actually works.

First of all, it is extraordinarily difficult to qualify in a fighter - not to mention dangerous. The Guard is not a dodge - it is a great way to serve, especially if you have other business interests. Secondly, as soon as they qualify in type, the Guardsman fighter pilot spends most of his time trying to figure out how to get paid as many mandays as possible for as few appearances as possible (i.e., we got paid 4 times for one weekend's work - it's just how the system works). The less BS surrounding your sorties, the better.

When changes in his personal life such as a move or change of job affect his ability to put in the required time to stay current (remember - this is typically a part time job - not in all cases, but often), the Guardsman will try to get on with another unit either in a flying position or a position that will enable him to receive retirement credits and hopefully get paid. Ultimately, you miss too many weekends to get credit for the year and you formally ask to separate.

So the president's on again, off again record is typical of many guardsmen - that's a fact.

[joesnuffy]

When I enlisted back in 67 it was pretty well established that getting into a Nat Guard unit
was a good way to avoid going to Vietnam where one might get seriously hurt and ruin your
civilian life plans

The National Football League got their players into guard units just for this reason...

I suspect that is the real reason Pres Bush was in a Guard Unit instead of going Regular Airforce, volunteering for active duty or requesting being sent to Vietnam to do what he was trained to...

In my family duty to God and country were impressed upon us...and with my high school buddies dying in Vietnam...I had to go...wild horses couldn't have dragged me or my true friends away..
and from the guys I served with there...I was nothing special...most of those dead recorded on that black wall....were volunteers for both the military and Vietnam

[The South Texan]

Again , Ketchup boy and his buddies "better put some ice on it" with this one. Ketchup Boy might regret it with this background during this era.

[SLB]

I tried to get into the Air Guard in 1968. Flunked the physical and then enlisted in the Army in 1969. Did nothing spectacular in Vietanm except managed to keep my name off of the wall. Too bad some of the politicians won't let this sleeping dog alone.

[GailA]

There are LINKS in this article to follow, so click on the link and take a gander at Bill Hobbs debunking of this crap.

Was Bush "AWOL"?

As the presidential campaign season heats up, you are sure to hear some Democrats charge that President Bush was, long ago, "AWOL" from his Texas Air National Guard duties - and imply also that he joined the guard to avoid Vietnam. Their allegations simply do not hold water.

Last May I wrote several posts about the "Bush was AWOL" charge. Here are the links. Arm yourself with knowledge. You won't convince the hate-Bush crowd, but there are those in the middle who might not know what to believe. Assuring them of the truth may help assure they vote for George W. Bush in November. And just what are the facts?

Bush voluntarily joined a military unit part of which was at that very moment involved in combat in Vietnam. He learned to fly fighter jets. He served honorably and was well-regarded by his fellow pilots. He put in more than his required time of service. And he was honorably discharged.

Those are the facts.

The hate-Bush crowd likes to point to some missing paperwork and an aging colonel's inability to remember one man out of thousands, and claim it proves Bush served dishonorably and was "absent without leave." But paperwork snafus are as common in the military as guns. And the absense of evidence is NOT evidence of absense. The "Bush was AWOL" claim is so thin that the New York Times, hardly a bastion of Bush support, debunked and dismissed it.

You can find the links to all of my blog posts on the "Bush AWOL" lie, here. The earliest, posted May 7, is at the bottom. Scroll up for the most recent posts (including this one).

UPDATE: This post was inspired by this debate at the History Channel's website, in which the Bush-haters are losing in part because their side claims Bush was not honorably discharged, and then post links to documents that say Bush was, in fact, "honorably discharged."