Understanding UCMJ Article 83: The Consequences of Desertion in the Military

The Uniform Code of Military Justice (UCMJ) is a set of rules and regulations that govern the conduct of members of the United States Armed Forces. One of the articles of the UCMJ that is particularly relevant to military personnel is UCMJ ARTICLE 83, which deals with the offence of desertion.

Desertion is defined as the intentional abandonment of one's duty or post without leave and with the intent to remain away permanently. It is considered a serious offence under the UCMJ and can be punishable by death in times of war.

The elements of desertion, as defined by Article 83, include:

That the accused was absent from their duty or post

That the absence was without leave

That the accused intended to remain away permanently

It is important to note that simply being absent from duty or post is not enough to constitute desertion. The accused must also have intended to remain away permanently. Additionally, there are certain circumstances where desertion may be mitigated or excused. For example, if the accused can prove that they were coerced into deserting or that they were under duress, they may have a defence against the charge.



Furthermore, desertion is a unique crime to the military, and it is different from the civilian crime of being absent without leave or AWOL. While AWOL is also a violation of military regulations, it does not carry the same severe penalties as desertion. The main difference between the two is the intent of the person. A service member who is absent without leave may have left without permission but not with the intent to stay away permanently.

Desertion is considered a serious offence and is punishable by death in times of war. However, in times of peace, the maximum punishment is dishonourable discharge, forfeiture of all pay and allowances, and confinement for five years. Furthermore, it can also result in a reduction of rank, a bar from reenlistment, and negative impact on the service member's future career.

It is worth noting that desertion during a time of war is the most severe form of desertion, and it is punishable by death. However, since the last execution for desertion in the U.S. military was in 1945, it's quite unlikely to happen.

In conclusion, Article 83 of the UCMJ Articles deals with the serious offence of desertion. It is important for military personnel to understand the elements of this offence, as well as the potential penalties and defences that may be available. Desertion is a unique crime to the military and it is different from the civilian crime of being absent without leave. It is considered a serious offence and is punishable by death in times of war.
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