Page 451 - Trump Executive Orders 2017-2021

10154 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(b) Terminated othenvise. 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 lVith 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 perrnanently, 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 setTice.
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) vvith 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.
Tn 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_) ( ).

10. Article 86 (10 U.S.C. 886}-Absence without leave
a. 1 ext 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.
b. Elements.
( 1) Failure to go to appointed place of duty.
(a) That a certain authority appointed a certain time and place of duty for the accused;
(b) That the accused knew of that time and place; and
(c) That the accused, without authority, failed to go to the appointed place of duty at the time
prescribed.
(2) Goingfrom appointed place of duty.
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(a) That a certain authority appointed a certain time and place of duty for the accused;

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