What is the punishment for desertion?

Asked by: Prof. Jamarcus Weimann  |  Last update: February 9, 2026
Score: 4.1/5 (65 votes)

Punishment for desertion varies significantly by jurisdiction and whether it occurs in wartime, but generally involves severe penalties like dishonorable discharge, forfeiture of pay, and lengthy confinement (up to 5 years or more) under the Uniform Code of Military Justice (UCMJ) in the U.S.. In wartime, the penalty can escalate to death, though this is rare today, with courts-martial determining the sentence, which could also be life imprisonment.

What is the maximum penalty for desertion?

The maximum U.S. penalty for desertion in wartime remains death, but this punishment was last applied to Eddie Slovik in 1945. No U.S. service member has received more than 24 months imprisonment for desertion or missing movement after September 11, 2001.

What are the consequences of desertion?

Desertion is still considered an extremely serious offense under modern military codes. It remains punishable by harsh penalties such as imprisonment, dishonorable discharge, and forfeiture of pay.

Is desertion worse than AWOL?

Desertion, under Article 85, is far more severe. It applies when a service member intentionally leaves their unit or post with no intent to return, or when they remain away to avoid hazardous duty, deployment, or court-martial proceedings.

What does the US military do to deserters?

(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 ...

What Are The Penalties For Desertion? - Tactical Warfare Experts

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What is the difference between desertion and AWOL?

The key difference is intent. AWOL is just being gone. Desertion requires proof that you intended to stay away permanently or that you left to avoid combat or hazardous duty. Intent is proven through circumstantial evidence: burning your uniforms, moving overseas, leaving a detailed goodbye note.

How many US soldiers go AWOL each year?

How many soldiers go AWOL? Between 2,500 to 4,000 soldiers go AWOL annually.

What are the 5 military discharges?

The main types of U.S. military discharges, from best to worst, are Honorable, General (Under Honorable Conditions), Other Than Honorable (OTH), Bad Conduct (BCD), and Dishonorable, with Uncharacterized (like Entry-Level Separation) sometimes listed separately as not reflecting on conduct; these characters of service determine eligibility for veteran benefits, with Honorable being the best and Dishonorable being the most severe. 

Is cowardice still punishable by death?

Military law

The punishment for such acts is typically severe, ranging from corporal punishment to the death sentence. The United States military codes of justice define cowardice in combat as a crime punishable by death.

When was the last US soldier executed for desertion?

Eddie Slovik. On Dec. 23, 1944, General Dwight Eisenhower endorsed the finding of a court-martial in the case of Eddie Slovik (who was tried for desertion) and authorized his execution.

What are the two types of desertion?

Desertion is of two types namely : 1. Actual desertion, and 2. Constructive desertion. In both types of desertion, the factum and animus must co-exist.

How long do you go to jail for not going to the military?

Penalties for Failing to Register

If required to register, failure to register is a felony punishable by a fine of up to $250,000 and/or 5 years imprisonment. Also, a person who knowingly counsels, aids, or abets another to fail to comply with the registration requirement is subject to the same penalties.

What happened to the Vietnam deserters?

lives of the much smaller group of men who evaded the draft or deserted the armed forces during the Vietnam years also remained troubled. Many of them have been formally punished for their crimes; some remain in exile abroad or underground at home. They all remain under some degree of legal disability.

How long do you go to jail if you go AWOL?

The maximum punishment for being AWOL for up to three days is forfeiture of two-thirds of a month's pay and up to a month of confinement. For going AWOL between three and 30 days, the accused faces forfeiture of two-thirds of their monthly pay for six months and up to six months of confinement.

How many days is desertion?

Under Article 85 of the Uniform Code of Military Justice (UCMJ), desertion means intentionally abandoning your duty for more than 30 days with no intention of returning. It can also mean leaving to avoid hazardous duty or deployment, such as: Failing to return from leave or deployment.

Can you be sentenced to death for desertion?

Under the Uniform Code of Military Justice, 15 offenses can be punishable by death, though many of these crimes — such as desertion or disobeying a superior commissioned officer's orders — carry the death penalty only in time of war.

Which country has no death penalty?

DENMARK abolished the death penalty for all crimes. LUXEMBOURG, NICARAGUA, and NORWAY abolished the death penalty for all crimes. BRAZIL, FIJI, and PERU abolished the death penalty for ordinary crimes.

What are the five death penalties?

As of December 31, 2022, 2,270 inmates were under sentence of death in the United States. There are five methods of execution in the United States: lethal injection, electrocution, lethal gas, hanging, and firing squad.

What is the military word for coward?

Poltroon – a coward; a dastard; one who has no courage.

What's the worst discharge in the military?

Dishonorable discharge (DD)

A dishonorable discharge, colloquially referred to as a "duck dinner", is the most serious type of discharge in the US military.

Can the army kick you out after 18 years of service?

Except when discharged pursuant to the approved sentence of a court-martial or for physical disability, any Soldier who has completed 18 or more years of active federal service will not be involuntarily discharged or released from active duty without approval from HQDA.

Can you vote with a dishonorable discharge?

What happens if you get a dishonorable discharge? You lose most federal benefits, including the right to vote and own firearms, in a similar manner to a serious felony conviction. Additionally, you lose all veteran's benefits.

What does 22 mean in the military?

In military and veteran contexts, "22" primarily refers to the statistic that an average of 22 veterans die by suicide each day, a number that sparked major awareness campaigns like the "#22ADAY Movement" and "22 Pushup Challenge," though the original data has been refined and the rate is now estimated lower, it remains a significant symbol for veteran mental health struggles, PTSD, and the ongoing fight for support, with groups like "Mission 22" and "SAVE22" working to combat this crisis by providing help and resources. 

Who is the no. 1 Army in the world?

The United States is widely considered the #1 military power in the world due to unmatched technology, global reach, huge defense spending, and advanced capabilities, followed by China and Russia, though China has the largest active personnel, while the US leads in overall power projection. Rankings often use metrics like defense budget, airpower, naval strength, and technology, with the U.S. consistently topping lists from sources like Global Firepower and Visual Capitalist.
 

What is the 10-10-10 rule in the military?

In addition, for orders dividing retired pay as property to be enforced under the USFSPA, a member and former spouse must have been married to each other for 10 years or more during which the member performed at least 10 years of military service creditable towards retirement eligibility (the 10/10 rule).