I don't think we can call him a defector yet; it's not clear that his intent was to join the Taliban, or that he was even positively deserting from the Army- ...but who really knows what someone else is thinking?
By his own words.
I don't think we can call him a defector yet; it's not clear that his intent was to join the Taliban, or that he was even positively deserting from the Army- ...but who really knows what someone else is thinking?
Doesn't the military consider a ..walk about..at least desertion??
I know if I did a walk about on my job, what would happen.
I know if I did a walk about on my wife what would happen.
I know if I did a walk about I n my financial obligations what would happen.
No one really taught me on this...but somehow I know what would happen.
I (unfortunately) was never in the military, I do come from a loooong line of marines and I even remember my dad talking about a few recruitss sent home in baby blues for a walk about. So the military does train and educate on walk abouts?
The issue is if the military knew he had a mental issue why didn't they discharge him waaaay before it got to this??
885. ART. 85. 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 [emphasis added];
(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 on 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.
866. ART. 86. ABSENCE WITHOUT LEAVE
Any member of the armed forces who, without authority--
(1) fails to go to his appointed place of duty at the time prescribed;
(2) goes from that place; or
(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.
904. ART. 104. AIDING THE ENEMY
Any person who--
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or [protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may direct.
...
906a. ART. 106a. ESPIONAGE
(A) (1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, any thing described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, (C) communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a court- martial may direct.
(2) An entity referred to in paragraph (1) is--
(A) a foreign government;
(B) a faction or party or military force within a foreign country, whether recognized or unrecognized by the United States
(C) a representative, officer, agent, employee, subject, or citizen of such government, faction, party, or force.
(3) A thing refereed to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance or information relating to the national defense.
(b) (1) No person may be sentenced by court-martial to suffer death for an offense under this section (article) unless--
(A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and
(B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out under subsection (c).
(2) Findings under this subsection may be based on--
(A) evidence introduced on the issue of guilt or innocence;
(B) evidence introduced during the sentencing proceeding; or
(C) all such evidence.
(3) The accused shall be given broad latitude to present matters in extenuation and mitigation.
(c) A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:
(1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute.
(2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security.
(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person.
(4) Any other factor that may be prescribed by the President by regulations under section 836 of this title (Article 36).
When does AWOL become desertion? If you go AWOL and get captured, does that mean that you are a deserter, or are you just a world-class dumbass?Doesn't the military consider a ..walk about..at least desertion??
...
I (unfortunately) was never in the military, I do come from a loooong line of marines and I even remember my dad talking about a few recruitss sent home in baby blues for a walk about. So the military does train and educate on walk abouts?
The issue is if the military knew he had a mental issue why didn't they discharge him waaaay before it got to this??
A world-class dumbass. It becomes desertion when there is intent to remain away permanently. See UCMJ Article 85(a)(1), as quoted in my last post.When does AWOL become desertion? If you go AWOL and get captured, does that mean that you are a deserter, or are you just a world-class dumbass?
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