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.
