Legal Question in Military Law in California

Re: Punishment for desertion for bipolar person

A person who leaves his unit without permission is known as AWOL or UA. Usually after 30 days the military will send out a deserter warrant for his arrest. These are provided to the national criminal database - so that if he is stopped by police authorities for, say for a traffic violation, he could be arrested on the spot .

He needs to resolve the situation by turning himself in to his command or the closest military authority.

He also should seek experienced legal counsel before doing so since anything he says during the process might later be used against him in a court-martial or administrative forum.

His medical condition might be a defense, if provable, in certain situations, or it might be used in mitigation of the charge and sentence. The issue is very fact specific. There is no way to predict punishment from the limited facts given but the military generally considers the offense more serious as he stays away longer and if he is apprehended instead of surrendering himself.

Re: Punishment for desertion for bipolar person

The bipolar illness will have to be confirmed by military medical personnel before it will be considered in his case. He could qualify for an administrative separation in lieu of court-martial (meaning no jail time), if properly requested by his military attorney. He may also qualify for a medical diagnosis-related discharge (personality disorder, or similar diagnosis). But the most immediate need is for him to return to the base he left and turn himself in. He will not need an attorney to do that. The system is equipped to deal with his particular circumstances if they are properly brought to the attention of his commanding officer.