§885 — Title 10 Armed Forces | U.S. Code

Summary

A service member deserts if they stay away from their unit or duty intending to remain away; quit to avoid dangerous or important duties; or join another U.S. force or a foreign military without saying they were not properly separated, unless the United States allows it. Officers who resign and then leave before the resignation is accepted also desert. If found guilty during war, a military court may order death or other punishment; in peacetime the court may punish but not order death.

Title 10, §885

Armed Forces — Source: USLM XML via OLRC

(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 one 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;

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 885(a)885(b)50:679(a).50:679(b).May 5, 1950, ch. 169, § 1 (Art. 85), 64 Stat. 135. 885(c)50:679(c). In subsection (a), the word “unit” is substituted for the words “place of service” to conform to clause (2) of this section and section 886(3) of this title. The word “proper” is omitted as surplusage. In subsection (b), the word “commissioned” is inserted for clarity. The word “before” is substituted for the words “prior to”. The words “its acceptance” are substituted for the words “the acceptance of the same”. The words “after tender of” are substituted for the words “having tendered” for clarity. The word “due” is omitted as surplusage. In subsection (c), the words “attempt to desert” are substituted for the words “attempted desertion”.

§885 Art. 85. Desertion

Summary

Title 10, §885

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata