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Thread: Anybody Know About Desserting the Military?

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    God/dess Taylorlila's Avatar
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    Default Anybody Know About Desserting the Military?

    I have a friend that joined the navy a couple years back. He's gay, a very free spirited kinda guy, I was really surprised he's choose to do that.

    Anyway, he hated it, was miserable, had a breakdown and left. This was over a year ago. Now I guess he's back in, in jail I assume, I don't know the details. I was just wondering if anybody knew anything about this sorta thing? Like how long he'll be locked up for? Anybody have any experiences with this? He obviously made a dumb decision. He has a lot of friends and family (including me) that just miss him dearly and want him home.

    He had told me a while ago that a lawyer had told him (in Hawaii where he is) that they try to get them outta jails pretty fast since thats actually pretty common out there and they want to make more room in the jails. I don't know how true that is because I've also heard how tough they are on desserters.


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    Default Re: Anybody Know About Desserting the Military?

    Whoa. He deserted? I'm kind of surprised.

    His punishment actually depends on his conduct. If he returned, rather than being caught, he's dishonorably discharged. Sometimes they just put him back where he ran from.

    As for jail time, I can't find anything concrete. I've found anywhere from six months to seven years, and even then that's not the upper ceiling that could be possible.

  3. #3
    madmaxine
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    Default Re: Anybody Know About Desserting the Military?

    Frankly if he acts "flaming homo" (violating "don't ask, don't tell") he can get discharged easily without the whole court martial and jail deal. If you want more info PM me....

    Desertion is serious business- the military hires people to find deserters, since an enlistee is considered a financial investment by the government & absconding without serving your contracted enlistment is "theft" from the government.

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    Veteran Member firekitten19's Avatar
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    Default Re: Anybody Know About Desserting the Military?

    All he had to do to get out of the Navy is state that he is a homosexual and can not keep living a lie. I had two friends that got out that way.
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    Default Re: Anybody Know About Desserting the Military?

    It really does depend on his past behaviors, the surrounding situations, and his commanding officers. When I was in hawaii I was dating an army guy who had a history of bad behavior. He went to iraq for 3 months, came back and shortly after pissed hot for pot and coke (i know - not the greatest guy to have been dating! LOL!). After getting in trouble he went awall (sp?) for 3 months. I remember him saying also the severity of the punishment in some branches increases after 3 months of being awall. Maybe that's the point when it becomes desertion. Anyway when he returned he pissed hot again and was put on restriction where he couldn't leave the barracks or tha base. he got a bunch of extra duties. He finally was discharged with an other than honorable discharge. It surprised me he didn't get a dishonorable but maybe it had to do with his service in iraq. My point is that everyone's situation may be different.

    It seems like you haven't heard from him and aren't sure what's going on with him. Does his family know? If not maybe you could try calling or emailing his commanding officer to check on him. I did this once to check up on an old friend of mine (also back in hawaii) and ended up finding out he was in the military jail for going awall! so everyone's experiance is different and it's not super hard to find information out.

    good luck pm me if you need any help investigating.
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    Jay Zeno
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    Default Re: Anybody Know About Desserting the Military?

    Article 85, UCMJ, is desertion Article 86 is unauthorized absence. Technically, he could get up to two or three years in prison. I don't know what they're doing for this nowaday. It's quite possible that they'll keep him in jail until they process him with a bad conduct or dishonorable discharge, with time served. He might even get processed with some type of admin discharge.

    He doesn't sound too bright, at least in resolving life issues in a good way.

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    God/dess Taylorlila's Avatar
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    Default Re: Anybody Know About Desserting the Military?

    Quote Originally Posted by firekitten19 View Post
    All he had to do to get out of the Navy is state that he is a homosexual and can not keep living a lie. I had two friends that got out that way.
    ya I know thats what baffles me. Nobody even got to say "well just dress in womens underwear and maybe theyll let you out" he just peaced. I know he said he had talked to somebody about his depression and they told him to go see the pastor (hes not religious) and shortly aftre that he left. I'm trying to find out right now if he turned himself in or not. I wish I had know you got dishonerable discharge if you turned yourself in...I would have told him that.


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    Default Re: Anybody Know About Desserting the Military?

    Quote Originally Posted by Jay Zeno View Post

    He doesn't sound too bright, at least in resolving life issues in a good way.
    Yeah his family and I have been none too impressed with this whole situation. But we love him either way and are trying to figure out what the hells going on and when we may get to see him again. He's a great kid but he was never military material.


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    Default Re: Anybody Know About Desserting the Military?

    I've got issues with guys enlisting, then freaking and claiming fag as an escape clause.

    And trouble, it's AWOL. Acronym for Absence With Out Leave.

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    Default Re: Anybody Know About Desserting the Military?

    ^^
    yeah but I would have rather he done that than just peace out.


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    Default Re: Anybody Know About Desserting the Military?

    True. General versus dishonorable discharge is a no brainer.

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    Veteran Member Morgan_TX's Avatar
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    Default Re: Anybody Know About Desserting the Military?

    A few things (and I was Personnel in the Air Force and have dealt with this before):

    1. There is a difference between desertion and AWOL. Your friend was NOT AWOL, but was a deserter. If you're gone for more than 30 days, or if you leave with no intention to ever return, you're a deserter. AWOL means you missed a few days of work.

    2. The maximum penalty for desertion in a time of war (though it hasn't been enforced since WWII) is death. That's right: wartime desertion CAN carry a death penalty. (And right now, we're in "wartime" status.)

    3. His punishment and jail time will depend on how his commander chooses to process it. Commanders can and do process desertion under Article 32 of the Uniform Code of Military Justice (UCMJ), but it is commonly handled under a court-martial. An Article 32 decision can be done in a matter of days, usually not more than one week. A court-martial takes considerably longer. Because he has deserted before, it is likely that he will be confined until his case is decided. He is a flight risk.

    4. If his commander chooses to apply Non-Judicial Punishment (NJP) under Article 32, he can be subject to confinment, correctional custody, additional duty, restriction to base, and a bad conduct discharge. Most of the time, commanders will simply give him a BCD and leave it at that.

    5. If his commander chooses NOT to go with NJP, or if he disputes his commander's proposed NJP, his case will go before a court-martial. The court-martial may impose any of the commander's NJP punishments, AND may rule for a dishonorable discharge or even the death penalty. Additionally, court-martials can impose longer periods of confinement than commanders.

    6. The fact that he is gay is irrelevant. It is not considered a mitigating factor, and he is currently in the middle of proceedings relating to his desertion.

    7. IF he is retained in the service, he can request discharge on the grounds of homosexuality. HOWEVER, he may NOT request discharge for homosexuality if he is discharged for desertion first.

    8. NORMALLY, he will be kept in jail 2-4 weeks while they work his case, then given a BCD/dishonorable discharge and sent home. But I stress that what will ACTUALLY happen is in the hands of the commander and/or court-martial.

    Let me know if you have any further questions.

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    Jay Zeno
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    Default Re: Anybody Know About Desserting the Military?

    I'd have some technical variance with Morgan (for instance, a commander cannot assign a bad conduct or dishonorable discharge; that's up to either a special court martial (BCD) per Article 19 or a general court martial (BCD or DD) pursuant to Article 18.)

    If he's processed administratively, he'll just go through the process. But if he's processed through a court martial, he'll be assigned a lawyer, and if he's not, he's got the right to one, and he needs to ask for one, and the lawyer can explain all this to him.

    An Article 32 decision will not award a discharge in and of itself. An Article 32 hearing determines whether the matter will be referred to a court martial. If he has an Article 32 hearing, they're probably priming him for a general court martial. That means he's in deep shit. Let's hope you don't hear the words "Article 32."

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    Veteran Member alessandra's Avatar
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    Default Re: Anybody Know About Desserting the Military?

    I read your title and my immediate thought was of throwing ice cream sundaes at military officers...


    hmmm, anyways, moving on. I hope things work out well for your friend, I had a friend in the army a few years ago that deserted and she ended up being dishonorably discharged.

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    Default Re: Anybody Know About Desserting the Military?

    I'm really sorry to hear about your friend. I wish it was more clearly stressed to people thinking about joining the military what a HUGE life change it is. It shouldn't be a quick decision. However... the recruiters just want new bodies so they'll tell you anything you want to hear to get you to sign. The military can serve some pretty tough punishments so I really hope things work out okay for him.

    Things are hard for my husband and I. He is currently serving his second year long deployment in Iraq and it kills me everyday to see him have to go through this. I can easily see why people get desperate to get out of the military...but you signed a contract...you have to be held accountable. I don't you should have to do life in jail or anything like that though.

    For all the bad things the military does have it's perks. My husband is pretty excited to be able to have his schooling paid for when he is out.
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    Default Re: Anybody Know About Desserting the Military?

    Quote Originally Posted by Morgan_TX View Post

    2. The maximum penalty for desertion in a time of war (though it hasn't been enforced since WWII) is death. That's right: wartime desertion CAN carry a death penalty. (And right now, we're in "wartime" status.)

    .
    does that really happen nowadays? I mean thats really not a likely possibility is it?

    Quote Originally Posted by Ava Jadore View Post
    I'm really sorry to hear about your friend. I wish it was more clearly stressed to people thinking about joining the military what a HUGE life change it is. It shouldn't be a quick decision. However... the recruiters just want new bodies so they'll tell you anything you want to hear to get you to sign. The military can serve some pretty tough punishments so I really hope things work out okay for him.

    Things are hard for my husband and I. He is currently serving his second year long deployment in Iraq and it kills me everyday to see him have to go through this. I can easily see why people get desperate to get out of the military...but you signed a contract...you have to be held accountable. I don't you should have to do life in jail or anything like that though.

    For all the bad things the military does have it's perks. My husband is pretty excited to be able to have his schooling paid for when he is out.
    I'm sorry sweetie it must be really rough to have him so far away and to have to worry about him.

    Thats pretty much what happened to my friend...he saw all the perks, saw it as a big step in the right direction, but I don't think he realized how tough it would be for him. I thought he was crazy when he told me he was joining the navy. I had another friend (a lesbian coincidently) that joined the airforce and was miserable, but she went through all the work to get a dsihonerable discharge, of course this was after he just up and left. I wish hers had happened 1st so maybe she could have talked him through it or something. Maybe he would have realized there was hope.

    I'm kind of hoping he turned himself in. He had been talking about it.


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    Jay Zeno
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    Default Re: Anybody Know About Desserting the Military?

    Quote Originally Posted by Taylorlila View Post
    does that really happen nowadays? I mean thats really not a likely possibility is it?
    No. Morgan was being complete and correct. But they will not execute your friend for desertion. Will not.

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    Default Re: Anybody Know About Desserting the Military?

    Quote Originally Posted by StrawberrySwitchblade View Post

    And trouble, it's AWOL. Acronym for Absence With Out Leave.

    LOL! I knew I was spelling it wrong... it's been awhile. Thanks for the correction!
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    Default Re: Anybody Know About Desserting the Military?

    Btw just because he is gay and admits it doesnt mean he can get out. In the last few years they have approved several so called Rainbow Chits. Basicly its a waiver saying it is ok for you to be gay. Just figured id let yah know. Btw max punishment for Dessertion during a time of war is firing squad or hanging

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    Default Re: Anybody Know About Desserting the Military?

    Quote Originally Posted by Magnum126 View Post
    Btw just because he is gay and admits it doesnt mean he can get out. In the last few years they have approved several so called Rainbow Chits. Basicly its a waiver saying it is ok for you to be gay. Just figured id let yah know. Btw max punishment for Dessertion during a time of war is firing squad or hanging
    thats how my lesbian friend got out. I know she had to jump through alot of hoops though.

    Kinda makes me want to go: I TOLD YOU SO! since I told both of them they'd be miserable.


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    Default Re: Anybody Know About Desserting the Military?

    Frankly if he acts "flaming homo" (violating "don't ask, don't tell") he can get discharged easily without the whole court martial and jail deal. If you want more info PM me....

    Desertion is serious business- the military hires people to find deserters, since an enlistee is considered a financial investment by the government & absconding without serving your contracted enlistment is "theft" from the government.
    All true.

    And I'm with Strawberry on this one...the military isn't for everyone, and frankly, it's not that hard to figure out beforehand if you're cut out for that lifestyle.
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    God/dess Taylorlila's Avatar
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    Default Re: Anybody Know About Desserting the Military?

    Yeah so he got caught I guess. Ugh I wish he had turned himself in like he was saying he wanted to do.


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    Default Re: Anybody Know About Desserting the Military?

    Heehee... you mean deserting. "Desserting" the military means giving them a large pile of delicious creme brulee.

    I giggled at the title.

    Sorry.

    Maybe he could make a flaming baked Alaska and desert the Militiary by desserting them with something that is obviously teh gay.

    Woo.


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    Default Re: Anybody Know About Desserting the Military?

    Quote Originally Posted by Lysondra View Post
    Heehee... you mean deserting. "Desserting" the military means giving them a large pile of delicious creme brulee.

    I giggled at the title.

    Sorry.

    Maybe he could make a flaming baked Alaska and desert the Militiary by desserting them with something that is obviously teh gay.

    Woo.
    HAHAHAHA! I'm a terrible speller...but that made me laugh. He was a cook too so I can so see him baking a big gay dessert for everybody.

    I should have known better I remember "dessert" has 2 "s's" because it has too many sweets from school.


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    Default Re: Anybody Know About Desserting the Military?

    I always knew it was desserts has two s's because you always want more! So there's more s's than deserts, because you don't want much of that at all!


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