Travis King: US black soldier deserter in N Korea had been held after fighting in Seoul

[Black Deserter]

Manual for Courts-Martial United States

Article 85 - Desertion
Article 103a - Espionage
Article 103b - Aiding the enemy

Article 85 (10 U.S.C. 885)—Desertion
a. Text of statute.
(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;
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.
b. Elements.
(1) Desertion with intent to remain away
permanently.
(a) That the accused absented himself or herself
from his or her unit, organization, or place of duty;
(b) That such absence was without authority;
(c) That the accused, at the time the absence began
or at some time during the absence, intended to remain
away from his or her unit, organization, or place of
duty permanently; and
(d) That the accused remained absent until the date
alleged.

[Note: If the absence was terminated by apprehension,
add the following element]
(e) That the accused’s absence was terminated by
apprehension.
(2) Desertion with intent to avoid hazardous duty or
to shirk important service.
(a) That the accused quit his or her unit,
organization, or other place of duty;
(b) That the accused did so with the intent to avoid
a certain duty or shirk a certain service;
(c) That the duty to be performed was hazardous
or the service important;
(d) That the accused knew that he or she would be
required for such duty or service; and
(e) That the accused remained absent until the date
alleged.
(3) Desertion before notice of acceptance of
resignation.
(a) That the accused was a commissioned officer
of an armed force of the United States, and had
tendered his or her resignation;
(b) That before he or she received notice of the
acceptance of the resignation, the accused quit his or
her post or proper duties;
(c) That the accused did so with the intent to
remain away permanently from his or her post or
proper duties; and
(d) That the accused remained absent until the date
alleged.
[Note: If the absence was terminated by apprehension,
add the following element]
(e) That the accused’s absence was terminated by
apprehension.
(4) Attempted desertion.
(a) That the accused did a certain overt act;
(b) That the act was done with the specific intent
to desert;
(c) That the act amounted to more than mere
preparation; and
(d) That the act apparently tended to effect the
commission of the offense of desertion.
c. Explanation.
(1) Desertion with intent to remain away
permanently.
(a) In general. Desertion with intent to remain
away permanently is complete when the person absents

himself or herself without authority from his or her
unit, organization, or place of duty, with the intent to
remain away therefrom permanently. A prompt
repentance and return, while material in extenuation, is
no defense. It is not necessary that the person be absent
entirely from military jurisdiction and control.
(b) Absence without authority—inception,
duration, termination. See subparagraph 10.c.
(c) Intent to remain away permanently.
(i) The intent to remain away permanently from
the unit, organization, or place of duty may be formed
any time during the unauthorized absence. The intent
need not exist throughout the absence, or for any
particular period of time, as long as it exists at some
time during the absence.
(ii) The accused must have intended to remain
away permanently from the unit, organization, or place
of duty. When the accused had such an intent, it is no
defense that the accused also intended to report for
duty elsewhere, or to enlist or accept an appointment
in the same or a different armed force.
(iii) The intent to remain away permanently may
be proved by circumstantial evidence. Among the
circumstances from which an inference may be drawn
that an accused intended to remain absent permanently
are: that the period of absence was lengthy; that the
accused attempted to, or did, dispose of uniforms or
other military property; that the accused purchased a
ticket for a distant point or was arrested, apprehended,
or surrendered a considerable distance from the
accused’s station; that the accused could have
conveniently surrendered to military control but did
not; that the accused was dissatisfied with the
accused’s unit, ship, or with military service; that the
accused made remarks indicating an intention to
desert; that the accused was under charges or had
escaped from confinement at the time of the absence;
that the accused made preparations indicative of an
intent not to return (for example, financial
arrangements); or that the accused enlisted or accepted
an appointment in the same or another armed force
without disclosing the fact that the accused had not
been regularly separated, or entered any foreign armed
service without being authorized by the United States.
On the other hand, the following are included in the
circumstances which may tend to negate an inference
that the accused intended to remain away permanently:
previous long and excellent service; that the accused
left valuable personal property in the unit or on the
ship; or that the accused was under the influence of

alcohol or drugs during the absence. These lists are
illustrative only.
(iv) Entries on documents, such as personnel
accountability records, which administratively refer to
an accused as a “deserter” are not evidence of intent to
desert.
(v) Proof of, or a plea of guilty to, an
unauthorized absence, even of extended duration, does
not, without more, prove guilt of desertion.
(d) Effect of enlistment or appointment in the same
or a different armed force. Article 85(a)(3) does not
state a separate offense. Rather, it is a rule of evidence
by which the prosecution may prove intent to remain
away permanently. Proof of an enlistment or
acceptance of an appointment in a Service without
disclosing a preexisting duty status in the same or a
different service provides the basis from which an
inference of intent to permanently remain away from
the earlier unit, organization, or place of duty may be
drawn. Furthermore, if a person, without being
regularly separated from one of the armed forces,
enlists or accepts an appointment in the same or
another armed force, the person’s presence in the
military service under such an enlistment or
appointment is not a return to military control and does
not terminate any desertion or absence without
authority from the earlier unit or organization, unless
the facts of the earlier period of service are known to
military authorities. If a person, while in desertion,
enlists or accepts an appointment in the same or
another armed force, and deserts while serving the
enlistment or appointment, the person may be tried and
convicted for each desertion.
(2) Quitting unit, organization, or place of duty with
intent to avoid hazardous duty or to shirk important
service.
(a) Hazardous duty or important service.
“Hazardous duty” or “important service” may include
service such as duty in a combat or other dangerous
area; embarkation for certain foreign or sea duty;
movement to a port of embarkation for that purpose;
entrainment for duty on the border or coast in time of
war or threatened invasion or other disturbances; strike
or riot duty; or employment in aid of the civil power in,
for example, protecting property, or quelling or
preventing disorder in times of great public disaster.
Such services as drill, target practice, maneuvers, and
practice marches are not ordinarily “hazardous duty or
important service.” Whether a duty is hazardous or a
service is important depends upon the circumstances of

the particular case, and is a question of fact for the
court-martial to decide.
(b) Quits. “Quits” in Article 85 means “goes
absent without authority.”
(c) Actual knowledge. Article 85(a)(2) requires
proof that the accused actually knew of the hazardous
duty or important service. Actual knowledge may be
proved by circumstantial evidence.
(3) Attempting to desert. Once the attempt is made,
the fact that the person desists, voluntarily or
otherwise, does not cancel the offense. The offense is
complete, for example, if the person, intending to
desert, hides in an empty freight car on a military
reservation, intending to escape by being taken away
in the car. Entering the car with the intent to desert is
the overt act. For a more detailed discussion of
attempts, see paragraph 4. For an explanation
concerning intent to remain away permanently, see
paragraph 9.c.(1)(c).
(4) Prisoner with executed punitive discharge. A
prisoner whose dismissal or dishonorable or badconduct discharge has been
executed is not a “member
of the armed forces” within the meaning of Articles 85
or 86, although the prisoner may still be subject to
military law under Article 2(a)(7). If the facts warrant,
such a prisoner could be charged with escape from
confinement under Article 87a or an offense under
Article 134.
d. Maximum punishment.
(1) Completed or attempted desertion with intent to
avoid hazardous duty or to shirk important service.
Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 5 years.
(2) Other cases of completed or attempted desertion.
(a) Terminated by apprehension. Dishonorable
discharge, forfeiture of all pay and allowances, and
confinement for 3 years.
(b) Terminated otherwise. Dishonorable
discharge, forfeiture of all pay and allowances, and
confinement for 2 years.
(3) In time of war. Death or such other punishment
as a court-martial may direct.
e. Sample specifications.
(1) Desertion with intent to remain away permanently.
In that __________ (personal jurisdiction data), did,
on or about _____ 20 __, (a time of war) without
authority and with intent to remain away therefrom
permanently, absent himself/herself from (his) (her)

(unit) (organization) (place of duty), to wit:
__________, located at (__________), and did remain
so absent in desertion until ((he) (she) was
apprehended) on or about _____ 20 __.
(2) Desertion with intent to avoid hazardous duty or
shirk important service.
In that __________ (personal jurisdiction data),
knowing that (he) (she) would be required to perform
(hazardous duty) (important service), namely:
__________, did, on or about _____ 20 __, (a time of
war) with intent to (avoid said hazardous duty) (shirk
said important service), quit (his) (her) (unit)
(organization) (place of duty), to wit: __________,
located at (__________), and did remain so absent in
desertion until on or about _____ 20 __.
(3) Desertion prior to acceptance of resignation.
In that __________ (personal jurisdiction data)
having tendered (his) (her) resignation and prior to due
notice of the acceptance of the same, did, on or about
_____ 20 __, (a time of war) without leave and with
intent to remain away therefrom permanently, quit
(his) (her) (post) (proper duties), to wit: __________,
and did remain so absent in desertion until ((he) (she)
was apprehended) on or about _____ 20 __.
(4) Attempted desertion.
In that __________ (personal jurisdiction data), did
(at/on board—location), on or about _____ 20 __, (a
time of war) attempt to (absent himself/herself from
(his) (her) (unit) (organization) (place of duty) to wit:
__________, without authority and with intent to
remain away therefrom permanently) (quit (his) (her)
(unit) (organization) (place of duty), to wit:
__________, located at __________, with intent to
(avoid hazardous duty) (shirk important service)
namely ____) (_____).

They will probably just charge the nigger with Article 86 and continue
kicking him out.

. Article 86 (10 U.S.C. 886)—Absence without
leave
a. Text of statute.
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;
shall be punished as a court-martial may direct.

[MummyChunk]

> .. Article 86 (10 U.S.C. 886) Absence without

> leave
> a. Text of statute.
> 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;
> shall be punished as a court-martial may direct.

Anyone know
what is going on with this guy now?


This is a response to the post seen at:
http://www.jlaforums.com/viewtopic.php?p=649574635#649574635