Legal Question in Military Law in Virginia
desertion
after 30 days of being awol and considered an deserter what can the military do to you if you havent been in the army 180 days? can they put you to death because of war time or is that for a true soldier of over a 180 days?
Asked on 1/17/05, 11:17 am
1 Answer from Attorneys
Neal Puckett
The Law Firm of Puckett and Faraj, PC
Re: desertion
Service of less than 180 days allows the Army, at its discretion, to separate a soldier with an entry level separation. They don't have to do that. They can prosecute anyone on active duty, anytime, rather than separate them.
The likelihood of facing the death penalty for desertion during the global war on terrorism is remote. It is more likely you'd get a BCD special court-martial, and get a Bad Conduct Discharge and up to a year in the stockade.
Answered on 1/17/05, 4:01 pm
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