Fulfilling one’s duty is vital to the operations of the Armed Forces, but over 350 military personnel deserted their duty in 2021.
That’s why the US military considers desertion or attempted desertion duty a severe offense. However, the punishment for desertion varies.
We’ll discuss the different types of unauthorized absences in the military and the possible consequences a service member might face if they fail to fulfill their proper duties. You’ll have a better understanding of what it means to leave one’s duty upon reading this quick guide.
Contents
There are three types of unauthorized absence statuses in the Armed Forces: Desertion, Absence without Leave (AWOL), and Missing Movement. According to Article 85,desertion happens when a service member has an unauthorized absence status from their unit, organization, or place. When a person is found guilty of Article 85, the key issue is whether the accused intended to ‘remain away permanently.’
According to Article 85, there are four types of desertion: desertion with intent to remain away permanently, desertion with intent to avoid hazardous duty or shirk important service, desertion before notice of acceptance of resignation, and attempted desertion. There are various ways to prove that a service member should be charged with desertion.
Article 86 covers Absence without Leave or AWOL. Service members go AWOL when they remain absent from their unit or place of duty without permission or knowledge of the right superior officers. In general, going AWOL is considered less severe than committing desertion.
To prove that a member has gone AWOL, a prosecutor must show that, without authority, that person failed to go to their place of duty at the appointed time, left their appointed place, and absent themselves or remains absent from their unit, organization, or place of duty where they are required to be at a specific time.
According to Article 87 of the UCMJ, a person is guilty of Missing Movement when they miss the movement of a ship, aircraft, or unit with which they’re required in the course of duty. This covers offenses that were done out of neglect.
Missing Movement is specified by conditions where the accused is required in the course of duty to move with a ship, aircraft, or unit and they know of the prospective movement of the ship, aircraft, or unit.
The Difference Between Desertion and AWOL
There are various types of AWOL penalties, but the gravity or circumstances that lead to an individual’s absence matter. Military desertion is the most severe form of AWOL. The primary difference between desertion and AWOL is the person’s intention to avoid the military for a long time. When a person is AWOL for over 30 days, they have committed desertion.
Why is Desertion a Big Deal in the Armed Forces?
Failure to report for military duty is considered a severe offense in the US military and in any foreign armed service. Military culture is vastly different from civilian life, and once you’ve become military personnel, you automatically give up many individual freedoms.
Each service member plays a vital role in the Armed Forces, and each member is expected to fulfill their duties for the benefits of everyone around them. If a person abandons his or her unit, the whole organization might fall apart.
Desertion was a huge problem during the Civil War because both the Confederate and Union armies were voluntary forces that didn’t understand the challenges of military life. While some troops were granted leniency, plenty of deserters received severe punishments. Some of these punishments included lashing, branding, incarceration, non-lethal punishments meant to humiliate the offender, and even execution.
While the Uniform Code of Military Justice now bans most of these punishments, the punishments for military deserters remain severe as a deterrent to those considering abandoning military service.
What are the Consequences of Desertion?
Nowadays, the punishments for desertion, AWOL, and missing movement involve forfeiture of pay, confinement, and other punishments. These punishments are very harsh, so a service member would be discouraged from attempting desertion. Not all AWOL or desertion cases get resolved, but those who have committed this crime will have their names marked permanently.
Consequences of Desertion
The maximum penalties for desertion would depend on the circumstances surrounding the charge. For example, punishments for desertion but with the individual voluntarily returning to the military may include the following:
- Confinement for two years
- Dishonorable discharge
- Forfeiture of all pay and allowances
- Reduction to the lowest enlisted grade
People who are guilty of desertion but then had the desertion terminated because of apprehension may receive the following penalties:
- Confinement for three years
- Dishonorable discharge
- Forfeiture of all pay and allowances
- Reduction to the lowest enlisted grade
People who are proven to have committed desertion with intent to avoid hazardous duty, deployment, or important service may get the following penalties:
- Confinement for five years
- Dishonorable discharge
- Forfeiture of all pay and allowances
- Reduction to the lowest enlisted grade
Meanwhile, military deserters who abandon their duties during wartime may suffer the following penalties:
- Life in prison
- Capital punishment
- Other punishments as determined by a court-martial
Desertion vs AWOL Punishments
As explained above, going AWOL is considered less severe than desertion. AWOL is covered by Article 85, and the punishments for this offense depend on the offense’s severity and the commanding officer’s discretion.
The punishments for arriving late, leaving a post early, or being absent for three days or less may include the following:
- Confinement for a month
- Forfeiture of two-thirds pay for one month
- Reduction to the lowest enlisted grade
People who leave guard or watch duty without authority may suffer the following consequences:
- Confinement for three months
- Forfeiture of two-thirds pay for three months
- Reduction to the lowest enlisted grade
Service members who are absent from a unit, organization, or another place of duty for three to 30 days may warrant the following punishments:
- Confinement for six months
- Forfeiture of two-thirds pay for six months
- Reduction to the lowest enlisted grade
The consequences of leaving guard or watch duty without authorization and with the intent to avoid field exercises or abandon the post permanently may include the following:
- Bad Conduct Discharge
- Confinement for six months
- Forfeiture of all pay and allowances
- Reduction to the lowest enlisted grade
Desertion vs Missing Movement Punishments
Even if this offense was committed unintentionally, the consequences can be harsh. The punishments for missing movement because of negligence may result in the following:
- Bad Conduct Discharge
- Confinement for one year
- Forfeiture of all pay and allowances
- Reduction to the lowest enlisted grade
Meanwhile, the punishments for missing movement deliberately may include the following:
- Dishonorable Discharge
- Confinement for two years
- Forfeiture of all pay and allowances
- Reduction to the lowest enlisted grade
What to Do After Desertion?
As a service member, you should remember that even attempted desertion may have life-changing consequences. However, failing to fulfill one’s proper duties may happen due to many factors. So what should you do if you go AWOL?
The best thing you can do after leaving your post or proper duties is turn yourself in. The longer you’re absent from your post, the more severe the consequences can be. However, you shouldn’t simply walk into your military base.
More than mere preparation is vital to ensure that you don’t suffer the maximum penalties for leaving your duty. You should confer with a military defense lawyer with experience dealing with desertion cases. This expert can help defend you from the worst possible scenario and get the lightest punishment.
While a military defense lawyer may not spare you from getting punished by the military, that expert can help you get the best deal possible. Looking at the bigger picture, you can avoid getting a harsh discharge that may impact your life beyond your stint in the military.
Final Words
Working in the military can be demanding and challenging. Unfortunately, not everyone is up to the challenge of military life. The price for abandoning one’s duties can be severe, and even if you don’t get caught, you’ll be marked in military databases forever.
Are you dealing with someone who’s possibly gone AWOL? You can use SCRACVS to confirm whether a person is on active duty. Even if you don’t have access to that person’s deployment orders, we can help you discover the truth. Sign up here and quickly verify the active duty status of military personnel.
FAQs
What happens to military deserters?
The consequences of military deserters depend on the circumstantial evidence surrounding the case. During wartime, the worst penalties you may receive include capital punishment, life in prison, and other penalties as mandated by a court martial. Meanwhile, those who commit desertion but voluntarily return to the military may result in confinement for two years, dishonorable discharge, forfeiture of all pay and allowance, and reduced to the lowest enlisted grade.
Is desertion a military crime?
Yes, desertion is considered a severe crime in the military. In the worst-case scenario, or when a service member commits desertion during wartime, that person may suffer capital punishment, life in prison, and other penalties as mandated by a court martial.
Why do people desert the military?
People desert the military for various reasons. These may include family and personal problems that discourage them from fulfilling their duties. Some people fail to adapt to military life, and for some, leadership problems are a primary motivation for abandoning their post.
What is a soldier who runs away called?
A soldier who runs away from their duty for over 30 days is called a deserter. They’re considered someone who’s gone AWOL if they’re gone for less than 30 days.
How many soldiers go AWOL?
Between 2,500 to 4,000 soldiers go AWOL annually. However, the military doesn’t release the exact statistics for everyone’s easy reference.
Why do soldiers avoid hazardous activity?
Some activities in the military can be fatal, and understandably, many deserters are apprehensive about risking their lives for their work.
Does the military search for deserters?
The military has deserter apprehension teams. While some deserters may never get caught, their names will be marked in military databases forever.