Legal Question in Military Law in Pennsylvania

Leaving my unit without consent

Hello, What are the legal parameters if a CW3 Army Officer should leave a unit without consent? The unit is not under Stop Loss, nor is there an official alert notice that has been given to me, or official orders for deployment (this has been confirmed). If I should desert the unit at this time (note: we have been given a verbal alert for deployment end Oct. to Kosovo on a peace keeping mission), what are the legal ramifications to me, personally?

I have requested a resignation, but nearly two months has passed and the paperwork has not even moved from the local internal unit administration.

Thank you for your time and prompt answer.


Asked on 8/22/04, 3:06 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Leaving my unit without consent

During time of war, the crime of desertion can be punished by death, or any lesser form of lawful punishment. If "in time of war" is not pled in the charge, and your desertion is terminated by apprehension: 3 yrs confinement and a dismissal from the service is the maximum. If you turn yourself in, it's 2 years and dismissal as the maximum. There is a specific type of desertion in the manual for courts-martial for your hypothetical: Desertion prior to acceptance of resignation. Best to work through the system, no matter how long it takes. I would not recommend desertion, or refusing orders. The consequences can be quite grim. Your country needs you. We are at war. If you desert, they WILL try to make an example of you. You will be prosecuted and they will seek a long period of confinement as punishment.

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Answered on 8/22/04, 8:35 pm


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