What are the consequences for a United States military sergeant
attempting desertation or in other words, trying to leave the army. If
one is on base camp and then leaves for Mexico and decides to break
the contract with the army. What is the penalty?

Dear sxymexc14-ga;

Thank you for allowing me an opportunity to answer your interesting
question. Desertion is considered a ?PUNITIVE ARTICLE? in military law
? or in simpler terms, one the worst crimes that a military member can
commit (it?s right up there with murder, rape, spying, and mutiny
among others). Because the US is currently engaged in a state of war,
the Uniform Code of Military Justice (the law that governs all
branches of the US Military) the crime of desertion is presently
punishable by a maximum sentence of death and a minimum sentence as
the a court-martial deems appropriate [Article 85 (3)(c) ].

As you will see below, this UCMJ statute authorized a military
court-martial to impose the death penalty during wartime, but in
during peacetime the punishment is somewhat less severe. When the
country is not at war the maximum penalty the court-martial can impose
is life imprisonment and the minimum penalty is whatever the
court-marital determines is appropriate under the circumstances of
each individual case. Minimum sentences typically include a less than
honorable discharge, reduction in rank, forfeiture of all pay and
allowances and forfeiture of all veterans? status and/or retirement
benefits. In addition, the convicted member of the military will, from
this point forward, be considered a convicted felon with a significant
criminal history for all practical military and civilian purposes.

However, one should not confuse MINIMUM sentences with what the
military generally does. In cases of actual or attempted desertion
where the military member deserted or attempted to desert in order to
avoid hazardous duty or to shirk important service, military courts
martial generally impose a dishonorable discharge, forfeiture of all
pay and allowances, and confinement for 5 years.

In some cases where the deserter was captured by authorities the
military courts martial impose a dishonorable discharge, forfeiture of
all pay and allowances, and confinement for 3 years.

In other cases where the deserter turned himself in and cooperated
with authorities the military courts martial have imposes a sentence
of a dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 2 years.

This of course does not guarantee a deserter that a court martial will
not make an example of him or her and impose the maximum death penalty
(again, since we are at war at the moment this IS a possibility and a
very real risk a deserter takes when he chooses to commit this crime).

Here you will find the wording of the UCMJ article that pertains to
the crime of desertion:

(a) Any member of the armed forces who-- 

(1) without authority goes or remains absent from his unit,
organization, or place of duty with intent to remain away therefrom
permanently;

(2) quits his unit, organization, or place of duty with intent to
avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed forces
enlists or accepts an appointment in the same or another one of the
armed forces without fully disclosing the fact that he has not been
regularly separated, or enters any foreign armed service except when
authorized by the United States; is guilty of desertion.

(b) Any commissioned officer of the armed forces who, after tender of
his resignation and before notice of its acceptance, quits his post or
proper duties without leave and with intent to remain away therefrom
permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be
punished, if the offense is committed in time of war, by death or such
other punishment as a court-martial may direct, but if the desertion
or attempt to desert occurs at any other time, by such punishment,
other than death, as a court-martial may direct.

UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER X. PUNITIVE ARTICLES
885 Article 85 Desertion
http://www.military-network.com/main_ucmj/SUBCHAPTERX.html


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Best regards;
Tutuzdad ? Google Answers Researcher


INFORMATION SOURCES

PUNITIVE ARTICLES OF THE UCMJ
http://usmilitary.about.com/library/milinfo/mcm/bl85.htm




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DESERT

DESERTER

DESERTION

PUNITIVE ARTICLES

MAXIMUM

MINIMUM

PUNISHMENT

PENALTY

ARTICLE 85

UCMJ

UNIFORM CODE OF MILITARY JUSTICE

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Clarification of Answer by tutuzdad-ga on 12 Nov 2004 16:54 PST

I suppose I should also have mentioned that information comes from
first hand knowledge, as I am a veteran of the United States Army
Military Police Corps.

Regards;
tutuzdad-ga

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Clarification of Answer by tutuzdad-ga on 13 Nov 2004 12:24 PST

Qith regard to the wartime clause, this UCMJ article applies to "any"
period at which the US military is engaged in a state of war.
Therefore it does not matter if one is stationed in Alaska and the war
is in Timbuktu - war is war and the statute does not limit the article
to those military members who are engaged in war themsmelves or not.

I hope this clarifies.

Regards;
tutuzdad-ga

Thank you but does desertation only apply in the middle east or at
base camp too in the US?