Uniform Code of Military Justice (UCMJ) Article 83

The Uniform Code of Military Justice (UCMJ) is a federal law that governs the military justice system for all branches of the United States armed forces. One of the articles within the UCMJ Article 83, which outlines the offense of Desertion.

Desertion is defined as when a member of the military intentionally abandons his or her duties and responsibilities, with the intent of not returning. This can be a serious offense in the military, as it undermines the cohesiveness and readiness of the unit, and can also put the safety of other soldiers at risk.

In order to be charged with desertion under Article 83, there are three elements that must be proven:

That the accused was absent without leave (AWOL) from his or her unit or place of duty

That the absence was with the intent to remain away permanently

That the accused remained away for a certain period of time, as specified in the UCMJ (generally considered to be 30 days)

Desertion can be punished by a variety of penalties, including imprisonment, reduction in rank, forfeiture of pay, and a dishonourable discharge. The severity of the punishment will depend on the circumstances surrounding the desertion, such as the length of time that the soldier was absent, and any other related offenses.

It's important to note that desertion is different from simply being absent without leave (AWOL). AWOL is a lesser offense and occurs when a soldier is absent from their unit without permission, but without the intent to remain away permanently.

In conclusion, desertion under Article 83 of the UCMJ is a serious offense that can have serious consequences for a soldier's military career. It is important for members of the military to understand the definition of desertion, and the elements that must be proven in order for an individual to be charged with this offense.