Page 449 - Trump Executive Orders 2017-2021

10152 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(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 •vas 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 1vith intent to remain aWC{V permanently.
(a) Jn 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)Ahsence 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 pennanently 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 pennanently may be proved by circumstantial evidence.
Among the circumstances from which an inference may be drawn that an accused intended to
remain absent pennanently 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.
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