DomKen
Posts: 19457
Joined: 7/4/2004 From: Chicago, IL Status: offline
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quote:
ORIGINAL: mnottertail quote:
ORIGINAL: ThirdWheelWanted As I've said, yes, it can work that way. It often does. But it doesn't have to. Yes, under most circumstances, under 30 days they hit you with AWOL, and it's left at that. But there is no requirement to do so. I know a lot about the UCMJ. I went in the Army at 18 with a big mouth and a piss-poor attitude. I had a 1st Sergeant who didn't like me very much, thinking back on it, likely with good reason. At one point he threatened me with desertion, among other lesser charges, so I did a lot of reading on the subject. Since I made it out with nothing worse then an article 15, and that for nothing worse then a bit of extra duty, I must have known what I was doing. As it happens, I know a great deal about the UCMJ. I went in and out (and via some intimate knowledge of UCMJ and inner workings of the military, did not receive any article 15's but fucked off a whole lot more than you did) (nothing special, just your average NCO) And, I am gonna by god tell you, if it is policy (and that 30 day rule is and was policy since before my birth) it shakes out into two things... Policy has the effect of law in the military. And it isn't anecdotal, it is synecdoche, because it is policy. Sgt. Melby (operations and training NCO) variously S2 and S3. We had guys UA all the time and they'd get NJP. The one that would get the hammer dropped was missing movement. It only happened to one guy I knew but he got a year in prison and a dishonorable and he got to the pier before we actually untied. There were easier ways to get out if you wanted out than desertion when I was in, fail a piss test for instance. But really I have never heard of anyone being charged with desertion who wasn't gone for less than 30 days since at least WW2.
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