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What exactly is the difference between AWOL and deserter?

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LZ1234 Donating Member (247 posts) Send PM | Profile | Ignore Sat Jan-24-04 01:52 PM
Original message
What exactly is the difference between AWOL and deserter?
Are the words interchangeable depending on peacetime or wartime?
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DebJ Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 01:53 PM
Response to Original message
1. I was told you must be on active duty on the lines so to speak to be
classified a deserter...would like to know if that's correct myself though.
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Terwilliger Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 01:54 PM
Response to Original message
2. question for you...
Edited on Sat Jan-24-04 02:01 PM by Terwilliger


whats your take on Limbaugh's addiction flip-flopping? Does the fat panty-waist deserve special treatment from local law enforcement? Why do mewling cowards like Limbaugh get a free pass from the lying conservative right?
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Ardee Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 01:55 PM
Response to Original message
3. semantics
Being AWOL is a step on the road to being classed as a deserter, I believe. After time has passed ones AWOL status is upgraded to the charge of desertion, but I hasten to add that Im no lawyer.
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imax2268 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 02:00 PM
Response to Original message
4. here...
AWOL-Definition...
one who is away or absent without leave
(military) having deserted your post or station without leave
absent without permission; "truant schoolboys"; "the soldier was AWOL for almost a week"

Deserter-Definition
a person who abandons their duty (as on a military post)
a disloyal person who betrays or deserts his cause or religion or political party or friend etc.



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mandyky Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 02:04 PM
Response to Original message
5. AWOL = absent without leave
Deserter - over 30 days being AWOL
There is another one - interfering with a troop movement that is a bit more serious than AWOL. AWOL gets you an article 15, Deserter gets you a Courts martial.
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cosmicaug Donating Member (676 posts) Send PM | Profile | Ignore Sat Jan-24-04 02:13 PM
Response to Reply #5
9. 30 days.
http://awolbush.com claims 30 days separating AWOL from desertion but they don't document it (is it true? I don't know).

They also claim desertion for tendering resignation and leaving before said resignation is officially accepted. See http://www.awolbush.com/deserter.html
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reprobate Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 02:09 PM
Response to Original message
6. It's a matter of time and intent.

IIRC from the UCMJ (tho it's been a looooong time),AWOL-absent without leave, is being away from your post for up to thirty days.

Desertion, they must show that you had no intent to return to your duties and were gone for more than thirty days. I could be wrong about the time, but the intent to not return is the most important part.
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Trainman91769 Donating Member (4 posts) Send PM | Profile | Ignore Sat Jan-24-04 02:11 PM
Response to Original message
7. From the UCMJ
http://usmilitary.about.com/library/milinfo/ucmj/blart-86.htm


ARTICLE 86 AWOL

Any member of the armed forces who, without authority--

(1) fails to go to his appointed place of duty at the time prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed;

http://usmilitary.about.com/library/milinfo/ucmj/blart-85.htm

ARTICLE 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.


___________________________

Basically it boils down to the determination of intent. If you intend to leave your military unit and never come back - you will be charged with desertion. As you can see from item 1 under AWOL (article 85) you are technically AWOL if you are 30 minutes late to your stateside job at the supply barracks.

The military will look at your behavior during your absence when determining what to charge you with. Such actions as destroying your ID card, throwing away your uniform, and being arrested by the authorities versus returning on your own to your unit, will be used as evidence that you intended to remain permanently away from your unit.

The only factor that war time or peacetime has on the 2 articles is in the punishement - you can be put to death for deserting in war time. There is no difference in punishment for AWOL - between war and peace.







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Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 02:16 PM
Response to Reply #7
10. Was the National Guard at that time considered active military duty?
I think the National Guard had different guidelines than regular military at that time in history but I could be mistaken.
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DebJ Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 02:24 PM
Response to Reply #7
11. thanks
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oneighty Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 02:37 PM
Response to Reply #7
12. AOL
In my Navy career I was twice AOL (Absent over leave/liberty). A minor offense punishable by 'Captains Mast' Gets Non-Judicial Punishment. AWOL is (Absent With Out Leave) quite a serious offense even for one day, gets Judicial Punishment.

180
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KelleyKramer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 02:13 PM
Response to Original message
8. Here it is ...

AWOL: absent for 30 days or less.

Desertion: absent for more than 30 days with evidence of no intent to return to duty.

MORE INFO IS HERE: http://www.awolbush.com/


Uniform Code of Military Justice: Article 85 -- Desertion:
http://usmilitary.about.com/library/milinfo/mcm/bl85.htm



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TacticalPeek Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-04 02:49 PM
Response to Original message
13. There are technical details of how Shrub's offense would be construed,
and how the offense would be addressed under then current policies.

Because these claims, rumors and innuendo can only undermine the commander-in-chief, a complete and unimpeded official inquiry that reviews all documents and testimony is necessary to resolve the facts once and for all and move past the dispute.

So long as aWol is president, no such unimpeded inquiry will take place, and he will do all he can by executive order to forestall for decades such an investigation.

By his own admission and available records, he violated Article 86. The press has reported this recently as a 'spotty attendance record' for his NG service. Military policy regarding 'spotty attendance' is easily discernable and varies greatly from the policy at news organizations.



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