- Delta Force
- National Guard
What is Desertion?
Desertion, which is the military term ‘Absent without Leave (AWOL)’is defined as the unlawful desertion of a service member with regard to their respective commitment to the United States Armed Forces. Service members accused of desertion may undergo such allegations as a result of a variety of action, which constitutes the active and purposeful disavowal from service in the United States Armed Forces.
Desertion vs. Missing in Action (MIA)
Desertion - the classification of personal absence on the part of an individual serviceperson deemed as abrogation – differs from individuals for who cannot be accounted as a result of a disappearance resulting from combat operations. Individuals classified as ‘Missing in Action’ are granted a legislative pardon mandated by the acting Military Judicial body responsible for the oversight of the legal jurisdiction of the United States Armed Forces; Individuals deemed to have abandoned positions may be tried by military court and subsequently court martialed.
Judicial Hearings and Charges of Desertion
The Judge Advocate General Corps (JAG Corps) serves as the acting legal body within the United States with regard to the judicial process concerning charges of Desertion; this judicial body is responsible for the oversight the court martial process, as well as the promulgation of the protocols and parameters expressed within legislation concerning allegations of activity potentially-classified as Desertion.
Desertion and the Uniform Code of Military Justice (UCMJ)
Individuals in the service of the United States Military are typically subject to their respective adherence to the Uniform Code of Military Justice, which serves as a code of legislative protocol that exists in conjunction to legal matters applicable to service members of the Armed Forces. Service members suspected of Desertion will be subject to judicial review under the Judge Advocate General Corps in lieu of civil court legal proceeding(s).
Implicit Legality of Desertion Charges
Those serving in the United States Military do so under the implicit understanding that the enlistment in the service of the United States Armed Forces is irrevocable unless premature termination of service is approved by applicable military authorities responsible for the oversight of such matters.Military law differs from civil law – specifically with regard to matters concerning desertion from the Armed Forces - as such matters are neither standard nor applicable to civilian legislative parameters. As a result, legality specific to military service may be subject to military judicial review, as well as military court-mandated classification and punishment(s).
Punitive Recourse with Regard to Desertion Charges
A court martial exists in the event that an offense is deemed to be under the jurisdiction of both military court judicial review, as well as military court oversight; court martials may mirror the legal process that exists within civil court, yet military personnel – service members and prisoners of war – are the only individuals able to be subject to such proceedings. Furthermore, individuals suspected ofDesertionservice members may constitute overlapping legal fields with regard to aDesertion charge with regard to subsequent activity undertaken during the unlawful desertion in question.