Legal Question in Military Law in Virginia

Punishment for Desertion

My fiance was AWAL for 29 days and came back on the 30th day told them that he had to meet with his lawyer and he would come back the next day. He didn't return and then they put out a warrant for him claiming that he was a deserter. He was picked up by cops and taken to a jail. The navy picked him up 6 days later and took him to the brig in Norfolk. What will happen next? What will his punishment be? Will his punishment be worse because we are ''in a time of war'' but we are on standby right now?


Asked on 2/06/05, 1:50 am

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

Re: Punishment for Desertion

Your fiance will probably now face a special court-martial. He may be convicted of two periods of unauthorized absence (UA), do some jail time and possibly be discharged with a bad conduct discharge. The severity of his sentence will depend upon the circumstances of his going UA. For instance, if he left just before his ship or unit deployed, he may face greater punishment for an offense known as missing movement. Similarly, if he went UA to avoid hazardous duty (deployment to war zone), that may also increase his punishment. But if he is already detained awaiting trial, every day he spends in jail will be subtracted from his total sentence to confinement. He'll get credit against his sentence on a day-for-day basis.

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Answered on 2/06/05, 2:32 pm


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