Legal Question in Military Law in Kentucky
Desertion while on mid-tour leave.
A guy in my unit went on mid-tour leave and then refused to return to Afghanistan. It has been over 30 days so he is off our logs. What is the punishment that he is likely to face? What is the maximum sentence he may receive? Keep in mind he openly admitted to his family, who in turn told our commander, that he has the intent to never return to the military.
2 Answers from Attorneys
Re: Desertion while on mid-tour leave.
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Re: Desertion while on mid-tour leave.
His problems are now far bigger than AWOL. He has slipped into the category of deserter. He deserted from an overseas post. This is a serious offense and one for which this man needs immediate legal help. He should retain an attorney and take steps to turn himself in and face the consequences which will be much smaller today than if he goes five years before he gets caught. And he will get caught. He will go through an airport security checkpoint, or he'll get a ticket, and he'll wind up getting flagged as a deserter, arrested, returned to military control, and forced to face the consequences. It would be much better for him to stop this problem now before it gets bigger.
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