Legal Question in Military Law in Minnesota

Basic training // Reply

It is a crime - the seriousness of which depends on how long one is "gone." If one is gone for more than 30 days, the military formally files charges under the Uniform Code of Military Justice [UCMJ], which are federal statutes. That data - the charges - is then generally entered into the FBI's national "crime computer" which in turn is linked to state and local police computer systems. Thus, you become a "wanted" person. Any state, local or federal police agency, civilian or military could then arrest you.

Under the UCMJ, there is no "bail," so almost always, one charged with desertion is held in confinement. Jail sentences to prison are normal, with the maximum sentence being the death penalty if it occurs during "time of war." Whether or not the current conflict in Afghanistan constitutes "war," in the legal sense, has not yet been determined, but I would not gamble on it.

Practically speaking, leaving basic training is probably only going to result in a prison sentence, but military prisons are not something to look forward to [as if civilian ones were!].

There are options short of committing this crime. Talk to a chaplin about getting an "Administrative Separation" if enlisting was a mistake.

Good Luck,

Don Rehkopf

Re: Basic training

Let's see. In time of war, they could shoot you for desertion. Desertion is leaving with intent never to return. There are a lot of factors which go into such a charge, which can result in the most serious kind of Court Martial: a General Court. It is empowered to give a felony type discharge with four years at hard labor at Leavenworth. You don't want to go there.

Lesser things include an Administrative Board which will release you from miitary service but with an Other than Honorable Discharge. You have not been in long enough, if in basic training, to merit a General one under honorable conditions because you have not yet established a track record of good military service. But it is theoretically possible.

There are ways to get out legally. Military regs governing those ways are available from your Legal Assistance Officer. See the Chaplain as well but beware: there is no real priest-penitent privilege and don't be surprised if he or she ends up writing a report or testifying against you.

Why did you not think of this BEFORE enlisting? A military contract is not like one for a freezer plan.

Get a good lawyer. One who knows military justice. You are gonna need i t.