What Happens to Military Deserters?

by | UCMJ | 1 comment

Imagine you’re a soldier, faced with the harsh realities of military life. The stress, the danger, and perhaps the moral dilemmas. For some, the weight becomes too much, leading them to make a drastic choice: desertion. But what happens next? The consequences of deserting the military are severe and far-reaching, impacting not just the deserter but their family and the military itself.

Navigating the aftermath of desertion is a complex process, fraught with legal, social, and personal challenges. Whether you’re curious about the historical penalties or the modern-day approach to military deserters, understanding the repercussions sheds light on the gravity of such a decision. Let’s delve into the world of military deserters, uncovering the layers of consequences that follow their choice to walk away.

Understanding Military Desertion

Military desertion occurs when a service member unlawfully leaves their post or fails to return from an authorized absence, such as leave or liberty, without the intent to return. This act not only breaks military law but also carries significant consequences, reflecting the seriousness with which the military views the obligation and commitment of its members.

The Uniform Code of Military Justice (UCMJ) stipulates various penalties for desertion, depending on the circumstances and the time during which the desertion occurs. For example, desertion during a time of war is considered much more severe and can result in the most extreme penalties, including death or imprisonment. However, in peacetime, the consequences, while still severe, typically involve imprisonment, dishonorable discharge, forfeiture of pay and allowances, and loss of veterans’ benefits.

The process of dealing with a military deserter typically involves a military investigation once the individual is classified as AWOL (Absent Without Leave). If the service member is apprehended or returns voluntarily, a military court will determine their fate through a court-martial or other legal proceedings. Factors such as the length of absence, the member’s intentions, and their actions while AWOL can affect the outcome of these proceedings.

Furthermore, the impact of desertion extends beyond legal repercussions. Deserters and their families may face social stigma and challenges in finding employment, given the dishonorable discharge and criminal record that often result from desertion convictions.

Historically, military desertion was dealt with more harshly, but over time, approaches have evolved to consider the individual circumstances of each case. Modern military systems aim to address the root causes of desertion, such as personal or family issues, mental health problems, or dissatisfaction with service, by providing support and alternatives to desertion where possible.

In sum, military desertion is a grave matter with serious legal, social, and personal consequences. Understanding the mechanisms and implications of desertion is crucial for military personnel and highlights the importance of commitment and responsibility within the armed forces.

Consequences of Desertion

Exploring the consequences of military desertion unveils a spectrum of penalties, stemming from the Uniform Code of Military Justice (UCMJ). Deserters face serious legal and social repercussions that not only affect their personal lives but also have a profound impact on their professional future.

  1. Legal Penalties: Depending on the circumstances surrounding the desertion, you could face a range of legal consequences under the UCMJ. These may include court-martial, imprisonment, fines, and a dishonorable discharge. The severity of these penalties typically correlates with factors such as the duration of the absence and the deserter’s intentions.
  2. Dishonorable Discharge: Receiving a dishonorable discharge is one of the most severe outcomes. This form of discharge not only tarnishes your reputation but also strips you of military benefits, including medical, educational, and housing assistance. A dishonorable discharge effectively closes the door on any future employment within the federal government.
  3. Employment Challenges: Beyond the military, finding employment can become significantly more difficult with a dishonorable discharge on your record. Many employers view this negatively, associating it with a lack of reliability and integrity. This stigma can hinder your chances of securing both civilian and governmental jobs.
  4. Social and Family Impact: The social stigma attached to desertion extends beyond the individual to their families, often causing estrangement and distress. Deserters and their families might face ostracism from their communities and social circles, complicating personal relationships and community ties.
  5. Criminal Record: In some cases, desertion can lead to a criminal record, complicating travel, especially to countries requiring visas or thorough background checks. This can limit opportunities for international work or travel, adding another layer of difficulty to the deserter’s life.

Given these consequences, desertion presents a grave choice with far-reaching implications. The penalties underscore the importance of adhering to military commitment and the grave view the armed forces and society take on desertion. It’s imperative to consider these repercussions, as they affect not just your immediate situation but your long-term future as well.

Process of Dealing with Deserters

Upon identifying a service member as a deserter, the military initiates a methodical and legally structured process. This process encompasses several steps, designed to ensure that justice is served while respecting the legal rights of the accused.

Identification and Notification

The military first confirms the unauthorized absence of the service member. Once confirmed as desertion, military authorities issue a warrant for the deserter’s arrest, and their name is entered into law enforcement databases, making them subject to arrest by civilian police.

Apprehension

Deserters can be apprehended in several ways. They might turn themselves in, be caught by military police, or be arrested by civilian law enforcement and handed over to the military.

Legal Proceedings

After apprehension, deserters face military justice under the Uniform Code of Military Justice (UCMJ). They are entitled to legal representation and a fair trial, where the specifics of their case, including the length of absence and reasons for desertion, are examined meticulously.

  1. Pre-trial Investigation: Conducted to gather all relevant facts.
  2. Court-martial: The deserter is tried in a military court. The severity of the penalty depends on factors such as wartime status, duration of absence, and intentions.

Penalties

Penalties for desertion can be severe and vary based on the circumstances surrounding the desertion.

  • Imprisonment: Deserters can face jail time in a military prison.
  • Fines: Monetary penalties may be imposed.
  • Dishonorable Discharge: This penalty affects a deserter’s civilian life, making it difficult to find employment and access veterans’ benefits.
  • Death Penalty: In extreme cases, during times of war, deserters may face the death penalty, although this is rare.

Reintegration or Punishment

If a court martial finds the individual guilty, penalties are applied as dictated by the UCMJ. However, in cases where extenuating circumstances are recognized, options for reintegration into military service may be considered, albeit rare.

Navigating the consequences of desertion requires understanding the legalities and potential outcomes. The military’s structured process ensures deserters are dealt with justly, considering the gravity of their actions and their impact on military cohesion and morale.

International Perspective on Desertion

Understanding how different countries view and handle military desertion sheds light on its global complexities. While the UCMJ sets clear guidelines within the United States, international practices vary, influenced by each country’s laws, military regulations, and cultural perceptions.

Countries with Severe Penalties

  • North Korea: Deserters face extremely harsh punishments, including potential execution or life imprisonment, reflecting the country’s stringent military discipline and control.
  • Iran: Under specific circumstances, desertion can lead to severe penalties like death, especially if the deserter is perceived as betraying the nation during times of conflict.
  • Russia: The legal framework includes imprisonment for deserters, with the duration depending on the context of the desertion, notably during combat operations.

Nations with Rehabilitative Approaches

  • Sweden: Focuses on rehabilitation and reintegration of deserters, understanding that certain circumstances might lead to such actions. Legal proceedings investigate the deserter’s motivations, often resulting in non-custodial sentences.
  • Germany: Employing a more understanding approach, the emphasis is on counseling and support to address the reasons behind desertion, reserving imprisonment for extreme cases.
  • Canada and France: Known for sometimes offering asylum to deserters from other countries, recognizing conscientious objection or persecution as legitimate reasons for desertion. This stance highlights a commitment to human rights and individual choice.

These examples depict the diversity in handling desertion, ranging from severe punitive measures to rehabilitative or protective approaches. Key factors determining the treatment of deserters include the country’s legal system, cultural values, and the context of the desertion (peacetime vs. wartime). Despite these differences, desertion remains a grave decision with significant legal, social, and personal repercussions globally. This international perspective informs a broader understanding of the consequences faced by military deserters and the varying degrees of clemency and punishment across the globe.

Support Systems for Deserters and Their Families

Understanding the legal and social challenges faced by military deserters, various organizations and countries offer support systems aimed at assisting deserters and their families. These support networks are essential in providing emotional, legal, and sometimes financial aid, ensuring that deserters can navigate the consequences of their decisions with assistance.

Non-Governmental Organizations (NGOs)

NGOs play a crucial role in offering resources and counseling for deserters. Examples include Courage to Resist and the War Resisters’ International, providing legal advice, mental health services, and advocacy. They serve as vital support mechanisms, helping deserters deal with the implications of their actions under the Uniform Code of Military Justice (UCMJ) or the corresponding legal framework of their country.

Asylum Opportunities

Countries like Canada and France stand out for their policies of granting asylum to military deserters under specific conditions. These nations recognize the complex reasons behind desertion, offering a safe haven and a chance for a new start. Asylum seekers must navigate a legal process where the reasons for desertion are carefully assessed, and if successful, they’re provided with assistance in integrating into society.

Family Support Networks

Support also comes from networks tailored specifically for the families of deserters. These groups understand the unique challenges that families face, such as stigma, financial instability, and emotional distress. By connecting families with resources such as counseling, community support groups, and financial aid programs, these networks play a transformative role in helping families adjust to their new circumstances.

Online Communities

Online platforms and social media groups have emerged as significant support resources, offering a space for deserters and their families to share experiences, seek advice, and find emotional support. These communities are accessible globally, bridging the gap between geographical distances and providing a sense of belonging and understanding.

Support systems for military deserters and their families are vital, reflecting a humanitarian approach to addressing the consequences of desertion. By providing legal assistance, asylum, and emotional support, these networks ensure that deserters and their families receive the help they need to face the challenges ahead.

Conclusion

Facing the consequences of military desertion is daunting. Yet, amidst the legal battles and societal challenges, there’s a glimmer of hope. Whether it’s through NGOs providing crucial support, countries offering asylum, or the solidarity found within online communities, deserters and their families aren’t alone. These support systems not only help navigate the aftermath but also spotlight a more compassionate approach to addressing desertion. Remember, understanding your options and seeking help can pave the way toward a more hopeful future.

 

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