The Conservative Cave
Current Events => The DUmpster => Topic started by: bijou on August 13, 2008, 02:48:18 PM
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davidnc76 (211 posts) Wed Aug-13-08 12:43 PM
Original message
Deserter ordered out of Canada
Advertisements [?]Source: Fayetteville Observer
Fort Bragg deserter Jeremy Hinzman’s request for permission to remain in Canada on humanitarian grounds has been denied, according to Chuck Fager of the Quaker House.
This morning, Immigration Canada handed the 29-year-old former specialist with the 82nd Airborne Division a removal order and a deportation deadline date of Sept. 23, Fager said.
“I expect this is not a happy day for him up there,†Fager said. “This is a very disappointing decision. It puts Canada more fully in complicity with an illegal and immoral war. Jeremy will probably end up back here at Fort Bragg. That’s usually what happens.â€
Hinzman could not be reached for comment.
Read more: http://www.fayobserver.com/article?id=301738
Hayduke Lives (60 posts) Wed Aug-13-08 01:02 PM
Response to Original message
1. Canada is a big place
This guy needs a support network, some funds and a good safe house to hide out in. I wish him luck.
In fact, I'm thinking of joining the Army just so I can go AWOL, move to Canada and go on the lam. It would be a great excuse to simplify my life. The hardest part would be choosing between the many beautiful places: the coast of British Columbia or Cape Breton in Nova Scotia? Decisions, decisions.
valerief (1000+ posts) Wed Aug-13-08 01:39 PM
Response to Original message
5. He'll end up in TortureWorld most likely. The Deathmeisters running things now are bloodthirsty. nt
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x3436880#3436900
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Hayduke Lives (60 posts) Wed Aug-13-08 01:02 PM
Response to Original message
1. Canada is a big place
This guy needs a support network, some funds and a good safe house to hide out in. I wish him luck.
Which precludes just about anything you incompetents would or could do for him. You twits couldn't fart without posting a bouncy/stretchy about it at the DUmp.
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In reality, he'll be brought back and discharged out of the Army with a Bad Conduct Discharge
Article 86 Absence without leave
Maximum punishment.
(1) Failing to go to, or going from, the appointed place of duty. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
(2) Absence from unit, organization, or other place of duty.
(a) For not more than 3 days. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
(b) For more than 3 days but not more than 30 days. Confinement for 6 months and forfeiture of two-thirds pay per month for 6months.
(c) For more than 30 days. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(d) For more than 30 days and terminated by apprehension. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.
(3) From guard or watch. Confinement f o r 3 months and forfeiture of two-thirds pay per month for 3 months.
(4) From guard or watch with intent to abandon. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
(5) With intent to avoid maneuvers or field exercises. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
Many people confuse the terms "Desertion" and "Absent without Leave (AWOL).
It's commonly believed that if one is absent from the military for more than 30 days, they are "deserters." That's only partially true. Article 85 of 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.
The word "intent" is important here. In order to support a finding of guilty by a court-martial for the offense of desertion, the military would have to prove (beyond a reasonable doubt) that the memberintended to remain away permanently, or that the member's intent was to avoid hazardous duty or important service.
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.
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.
Desertion:
In time of war -- Death
With intent to avoid hazardous duty or to shirk important service -- Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Terminated by apprehension -- Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
Terminated otherwise -- Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
AWOL:
For not more than 3 days -- Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
For more than 3 days but not more than 30 days -- Confinement for 6 months and forfeiture of two-thirds pay per month for 6months.
For more than 30 days -- Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
For more than 30 days and terminated by apprehension -- Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.
From guard or watch duty -- Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.
From guard or watch duty with intent to abandon -- Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
With intent to avoid maneuvers or field exercises -- Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
Where the confusion often arises in the definition of "desertion" is that, under military law, if a member is absent for longer than 30 days, the court is allowed to assume that there was no intent to return. In other words, the burden of proof for "intent to return" shifts from the prosecution to the defense.
Therefore, when one is absent without authority for longer than 30 days, the military services drop the individual from the unit rolls (which then allows the unit to get a replacement) and administratively categorizes them as deserters.
Article 85 Desertion.
Maximum punishment.
(1) Completed or attempted desertion with intent to avoid hazardous duty or to shirk important service. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(2) Other cases of completed or attempted desertion.
(a) Terminated by apprehension. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(b) Terminated otherwise. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
(3) In time of war. Death or such other punishment as a court-martial may direct.
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I can just hear the folks in Canada now...."The US is at war again. We must secure our southern border before we're over run with their trash again. ....And deport those that do make it".