"I believe the penalty for desertion in war time is death..."
He was in Korea when he deserted in 1965, and there was never a declaration of war against North Vietnam. No US soldier has been executed for desertion since the last declared war (1945).
I certainly understand your wish for a death penalty in today's era of undeclared war, but the military tribunals don't quite see things your way.
Good point, declared war or not I was in Korea in around 89 as soldiers we were certainly convinced that the penalty for desertion was death.But I was never what anyone would call well versed in military law.