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  #25  
Old 06-06-2014, 03:29 PM
naraht naraht is offline
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1) My honest guess is that he doesn't leave the Military Hospital in Germany for *quite* some time. In addition to the physical recovery, and the debrief, there *will* be a psychiatric evaluation. I wouldn't be surprised if we don't find anything out in that regard for a month or more.

2) At the end of that time, the military has a *lot* of options, ranging from (theoretically) putting him back on duty, a discharge for physical issues, a discharge for psychiatric issues or prosecuting.

3) Under the UCMJ, there is a difference between Desertion and being AWOL. The rules on prosecuting for Desertion has a changeover at 30 days away from the unit in the Court Proceedings, if the person has been away less than 30 days then the Prosecution has to prove that there was no intent to return, if 30 days or more the Defense has to prove there was an intent to return. What I don't know is which way the capture (which I believe was less than 30 days after) sets things. My *guess* is that the Prosecution has to prove intent.

4) Yes, Desertion can carry the Death Penalty under the UCMJ, but IMO, even if they successfully prosecute for for Desertion, I just can't see the court imposing it...


Best *guess*. He ends up in a Military Psychiatric facility by the end of the summer and gets a psychiatric discharge sometime after the 2014 elections.
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