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im wondering what happens if a soldier in Iraq decides he can't take it anymore and leaves without permission? i know it is illegal but is it something you get fined for? go to jail for? or go to federal prison for?

2007-01-25 14:06:47 · 27 answers · asked by Anonymous in Politics & Government Military

ok people, this was just a hypothetical question, im not in the army, nor do i know anyone who is planning on leaving, chill out

2007-01-25 19:32:38 · update #1

27 answers

It would be hard for anyone in the military to get out of Iraq on their own. The U.S. hasn't shot anyone for desertion since 1945.On Jan. 31, 1945, Eddie Slovik was executed by firing a squad near the village of Ste-Marie aux Mines for the crime of desertion. Gen. Dwight D. Eisenhower, supreme allied commander, personally ordered the execution during the closing days of World War II in order to deter other potential deserters.
Normally , an UNATHORIZED ABSENCE (UA) or ABSENT WITHOUT LEAVE (AWOL) is punished under an article 15 charge. This is like going to a court, instead (in the Navy) the C.O. holds Captain's Mast and decides on the punishment or if the charge should be turned over to a Court Martial. In other branches, the procedures are pretty much the same.
An individual can be absent for one hour and be charged with desertion. On the other hand, a military member can be absent without authority for 50 years, and the crime may only be AWOL, under Article 86.
VIOLATION OF THE UCMJ, ARTICLE 85 (DESERTION). The Uniform Code of Military Justice (UCMJ) defines "desertion" as being absent from the unit (without authority) with the intent to remain away permanently, or being absent with the intent to avoid hazardous duty or shirk important service. Uniform Code of Military Justice (UCMJ) defines "desertion" as being absent from the unit (without authority) with the intent to remain away permanently, or being absent with the intent to avoid hazardous duty or shirk important service.
The distinction between the two offenses is important, because the maximum permissible punishment under the Manual for Court-Martial (MCM) is much greater for the offense of desertion, than allowed for the offense of AWOL.
The UCMJ has maximum punishments for different violations and it is up to the members of the Court Martial Board what to recommend. There are fines (e.g. one months pay) reduction in pay grade (E4 to E3), suspended sentences, suspended reductions in pay grade, prison time, brig time on the ship, etc etc etc up to a Dishonorable Discharge.
I hope that answers your question.
(USN/retired)

2007-01-25 14:47:11 · answer #1 · answered by Anonymous · 1 0

It's called AWOL, absent with-out leave. They can be court-marshalled and imprisoned. If they do it to cause harm to another soldier while facing the enemy, I believe they can be sentenced to death. The very least that could happen to them is they get an undesirable discharge that will follow them the rest of their life. They do have to put on every application if they have ever been in the military. Maybe they can wait for a liberal president to be elected and go AWOL and be pardoned like Jimmy "Commy" Carter did.

2007-01-25 14:34:35 · answer #2 · answered by bamafannfl 3 · 0 0

Not good. Really sticks around, that AWOL record. Every single person who ever has had to try to live a normal life after that has regretted it. Get that person to reunite and face the music. It's only a mistake, if they go back... if they don't, it's a misdemeanor at best, that screws up their future.

10 year vet of the submarine service, 3 years an MP, and I've seen a couple brought back in hand cuffs.... really bad karma all around. If they walk back with head high and fess up they can regain some honor, but the hand cuff way is sheer pain.

2007-01-25 14:25:45 · answer #3 · answered by justacarguy.blogspot.com 2 · 2 0

Yes in the Military it's called Away Without Leave" the basis for AWOL. When a member of a military unit deserts in time of war it is punishable by firing squad. Going to Levinworth would be an easy out. Why would a soldier want to leave the security of his unit in hostile territory?

2007-01-25 14:24:59 · answer #4 · answered by collinbarnette 2 · 3 0

The soldier will become awol. Yes, you can be put in prison for desertion. You have 30 days to return before that happens though.

2007-01-25 14:27:25 · answer #5 · answered by armywifetp 3 · 0 0

He (or she) is AWOL (Absent WithOut Leave)
and may be charged with that offense and jailed or fined and possible both) This can also result in the person being released or discharged from the military (usually with a dishonourable discharge - loss of benefits and pension). In this case, the person may be executed for desertion (but this is not done often)

2007-01-25 14:22:48 · answer #6 · answered by Daremo 3 · 4 0

Olde Salt had the answer, but the one thing he left out is that the soldier in question will enter civilian life without any benefits from military service, and with a felony record.

2007-01-25 21:05:30 · answer #7 · answered by Gray Wanderer 7 · 0 0

OK. A soldier in Iraq decides to leave????????? My guess is he would be seen on TV a couple of days later and shorter.

In the states he would be jailed and return to his unit to face UCMJ. Desertion I believe would depend on the length of time.

2007-01-25 14:26:48 · answer #8 · answered by mferunden 2 · 1 0

He is considered AWOL (absent with out leave) and is subject to disciplinary action ranging from jail time (called a brig in the military) and reduction in rank to a dishonorable discharge.

2007-01-25 14:23:51 · answer #9 · answered by Anonymous · 2 0

He goes to jail when they find him
and he also becomes famous for leaving and will be in the news people talking about how he left without permission and how many years he will face in jail

2007-01-25 14:21:56 · answer #10 · answered by panta 2 · 2 0

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