Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Dr. Thorne

IF (and that’s a big ‘IF’) the facts are as stated here, it might not support a conviction for desertion. (A)(1) wouldn’t apply if he just left to toke with his buddies and planned to come back. You might be able to fit it under (A)(2) if he was ‘shirking important service’ (guard duty)

” (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.”

UCMJ Art 85.


15 posted on 06/20/2015 8:42:19 AM PDT by PAR35
[ Post Reply | Private Reply | To 3 | View Replies ]


To: PAR35
He decided to leave according to a note and leaving his gear behind, as well sending his clothes home previously. That would most likely indicate intent....the hash part might of been a celebration party before meeting with the Taliban.


17 posted on 06/20/2015 8:57:41 AM PDT by darkwing104 (Forgive but don't forget)
[ Post Reply | Private Reply | To 15 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson