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...