Joe wrote:
Desertion is defining as leaving with "intent to remain away
permenantly"

True, it's also defined as leaving in order to avoid hazardous duty.

So, you're right... those who flee to Canada are guilty of desertion.

That does *not* make them guilty of treason.





(Article 85 UCMJ.) Since the intent is often difficult to prove, most
cases
are simply charged as Unauthorized Absence (Article 86 UCMJ).
Virtually all
Article 86 cases serious enough for court martial will go to a Special
Court
Martial where the maximum penalty is Confinement for 6 months,
reduction to pay
grade E-1, forfeiture of pay, and a Bad Conduct Discharge.


If Charged with Desertion, the case is usually heard at a General Court
Martial, where the Maximum punishment for Article 85 (IIRC) is 5 years
confinement and a Dishonorable Discharge.


** *** ** quote ** *** **
UCMJ article 85 (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.
** *** ** quote ** *** **

It is proclaimed daily that we're at war. You've made that claim
yourself, including stating that IYHO torture is justified because of
the despicable nature of the enemy... as though the U.S. habitually (or
even occasionally) made war on perfectly reasonable & morally elevated
enemies... so do you think that deserters should be tortured, too? It
would certainly discourage further desertion!

You also have avoided answering the question, when are you going to
combat duty in Iraq? Or if you feel you're too old, how about sending
one or more of your kids?

Doug King