[TMSuchman]

The civilians may not give him the death penalty, but the military can for desertion during a time of war [which DOES carry this!]
And the Military has never promised that. The DA down there had to promise to get the dirt bag home, so the MARINE CORPS does not have to!

[Joe 6-pack]

Desertion may not be the only capital offense he committed. If the original rape charges stick under the UCMJ he's looking at:

ART. 120. RAPE AND CARNAL KNOWLEDGE

(a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.