Is Quitting the Military a Crime?

Ever wondered what happens if someone decides to call it quits on their military service?

The military is NOT like walking out of a regular civilian job. There’s a host of legalities and consequences that come into play.

Quitting the military isn’t a decision to take lightly, and it’s crucial to understand the potential legal ramifications.

Let’s dive into what it really means to “quit the military” and whether it’s considered a crime.

Understanding Military Service Commitments

When you enlist in the military, you’re signing a binding contract. This isn’t like a typical job agreement; it’s a serious commitment with legal obligations.

These contracts specify a minimum period of service, which can range from 2 to 8 years, depending on the branch and role. Knowing the specifics of the contract is crucial as it outlines responsibilities and the terms of military service.

Enlistment contracts are governed by military law, this is different from civilian law. The Uniform Code of Military Justice (UCMJ) regulates conduct and sets forth the penalties for failing to meet military commitments.

Under the UCMJ, actions such as going AWOL or desertion are not only breaches of your contract but also criminal offenses.

Let’s break down what might happen if you don’t fulfill your military service commitment:

• Going AWOL (Absent Without Leave): Temporarily leaving your post without permission can lead to significant consequences like demotion, pay forfeiture, and even imprisonment.
• Desertion: If you abandon your duty with no intention of returning, the consequences are more severe. You could face a dishonorable discharge, forfeiture of all pay and allowances, and imprisonment.

Seeking a discharge is a lawful way to end your service, and there are different types. Here’s a brief overview:

• Honorable Discharge: You’ve met or exceeded the requirements of your service. Your record will reflect your good standing with the military.
• General Discharge Under Honorable Conditions: Your service has been satisfactory but may have had some minor disciplinary or performance issues.
• Other Than Honorable Discharge: Issues such as misconduct can lead to this type of discharge, potentially affecting future employment and benefits.

Abiding by the terms of a military contract ensures you uphold your duties and avoid legal repercussions. S

Dishonorable Discharge vs Honorable Discharge

Discharge status can significantly impact post-military life, particularly when it comes to employment and benefits.

Dishonorable Discharge is the most severe punitive discharge in the military. You’ll receive this type of discharge only if you’re convicted by a general court-martial for serious offenses – acts that civilian law typically considers felonies.

Such offenses include desertion, sexual assault, or murder.

If you’re given a dishonorable discharge, you’ll lose virtually all military and veteran benefits, and it’ll likely carry a significant stigma in civilian life, making it difficult to find employment.

On the other hand, an Honorable Discharge indicates that you’ve met or exceeded the conduct and performance standards of the military. Receiving an honorable discharge means that you completed your service with good to excellent ratings, without significant negative incidents. Benefits of an honorable discharge include:

• Eligibility for veteran benefits, including educational benefits under the GI Bill
• Preferential treatment in hiring for federal positions
• Access to military commissaries and exchanges
• VA loan eligibility for home buying

An honorable discharge, often facilitates a smoother transition back into civilian life.

It’s essential to recognize that other discharge statuses exist, such as a General Discharge under Honorable Conditions and an Other Than Honorable Discharge.

Both of these have their own implications, which are less severe than a dishonorable discharge but carry more consequences than an honorable one. Their impact on post-military life varies, as they can limit access to certain benefits or job options with the government or other defense contractor employers.

Awareness of how your actions while in service affect your discharge type – and accordingly, your future – is paramount. You must consider the long-term effects each type of discharge could have on your civilian life.

Going AWOL: Consequences and Legal Ramifications

When enlisting in the military, you’re committing to a term of engagement that’s not only a moral obligation but also a binding legal contract.

Going AWOL, or Absent Without Leave, is a violation of this contract and a criminal offense under the Uniform Code of Military Justice (UCMJ). When you’re AWOL, you fail to report for duty or are absent from your post without a valid pass, leave, or excuse.

The UCMJ classifies the severity of the offense based on the duration of the absence and the intentions associated with it. Penalties for going AWOL can include:

• Reduction in rank
• Forfeiture of pay
• Confinement
• A less than honorable discharge

Being AWOL for less than 30 days leads to a different set of consequences than longer-term unauthorized absences, which may be classified as desertion, a much more serious offense.

Desertion: What It Is and How It Is Punished

Desertion is a step beyond going AWOL and is considered one of the most serious offenses you can commit in the military.

It’s defined as the act of leaving your post or duty station with the intent to never return, or avoiding one’s duties by leaving without the intention of coming back. If you desert during a time of war or if you have intentions to or avoid duty, your actions carry even heavier weight.

When you’re charged with desertion, the consequences are severe and often will include lengthy incarcerations, dishonorable discharge, and forfeiture of all pay and allowances.

The stigma associated with a dishonorable discharge can follow you for life, impacting future employment opportunities and access to veterans’ benefits.

It’s crucial to note that the military views desertion during a time of war with utmost seriousness, and in such cases, the ultimate penalty can be death, although this punishment is rare and has not been executed in many years.

Being charged with desertion requires a court-martial, which is a judicial proceeding similar to a civilian trial.

You’re entitled to military legal representation from the JAG Corps. You also have the right to present evidence and witnesses on your behalf. The burden of proof is on the prosecution to demonstrate that you intended to remain away from your duties permanently.

Charge sheets and legal proceedings for desertion detail the specifics of the absence, including dates, duration, and the nature of duties from which you absented yourself. These factors, along with your military service record, will influence the severity of the punishment meted out should you be found guilty in a court-martial.

Is Quitting the Military Considered a Crime?

Unlike civilian employment, enlisting in the military is a commitment not only to your unit and battle buddies but to the security of the United States of America.

Essentially though yes, quitting the military is a crime and punishable under UCMJ and military law.

Here’s a summary of unauthorized “quitting” in the military justice system:

• Absence Without Leave (AWOL): An absence from one’s post without official permission but without intent to desert.
• Desertion: Failing to report for duty or leaving the post with no intention of returning.
• Missing Movement: Failing to deploy or move with your assigned unit.

It’s crucial to consider all potential repercussions and seek the appropriate legal guidance before making any decisions regarding leaving your military service hastily.

Your actions not only impact your career but can potentially have broader implications on your life outside the military.

Remember, employers have the right to ask about your military service, and the details of your discharge will be a matter of permanent record, potentially influencing your future career opportunities.