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Old 08-13-2008, 05:54 PM
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djbock djbock is offline
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Having been in the service for 18+ years, and having been to Iraq, Kuwait and Saudi numerous times since 1990, I have no sympathy. He signed the dotted line and raised his right hand. I am sure that nobody "forced" him into joining. Here is the appropriate acticle of the UCMJ:

885. ART. 85. DESERTION

(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) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another on of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion.
(b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(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 other time, by such punishment, other than death, as a court-martial may direct.


Sounds good to me.

Also, his CO request won't fly; according to DodI 1300:

An individual who desires to choose the war in which he or she will participate is not a Conscientious Objector under the law. The individual's objection must be to all wars rather than a specific war.
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Last edited by djbock; 08-13-2008 at 06:21 PM.
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