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