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Does this asshole have ANY collaborating evidence in his defense?
All I've heard was that is guy was kind of a weirdo from the beginning and then slowly started hanging out with the ANA and terps more than his platoon. Then one night walked off the COP without his SI.
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If he collaborated, he better keep his yap shut about it. Not much you can have in corraborating, in mitigation or extenuation.
Article 85—Desertion
a. Text of statute.
(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) trimmed - not applicable
(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 othertime by such punishment , other than death, as a court-martial may direct.
b. Elements.
(1) Desertion with intent to remain away permanently.
(a) That the accused absented himself or herself from his or her unit, organization, or place of duty;
(b) That such absence was without authority;
(c) That the accused, at the time the absence began or at some time during the absence, intended to remain away from his or her unit, organization, or place of duty permanently; and
(d) That the accused remained absent until the date alleged.
[Note: If the absence was terminated by apprehension, add the following element]
(e) That the accused’s absence was terminated by apprehension.
(2) Desertion with intent to avoid hazardous duty or to shirk important service.
(a) That the accused quit his or her unit, organization, or other place of duty;
(b) That the accused did so with the intent to avoid a certain duty or shirk a certain service;
(c) That the duty to be performed was hazardous or the service important;
(d) That the accused knew that he or she would be required for such duty or service; and
(e) That the accused remained absent until the date alleged
Explanations, etc continue on page IV-11 of Manual For Courts 2012 edition http://www.apd.army.mil/pdffiles/mcm.pdf