# Desertion in US military: Is it rare? When was the last case? Relation to crime of treason? **URL:** \ **Category:** Factual Questions\ **Created:** [January 28, 2015, 3:42am UTC](https://boards.straightdope.com/t/desertion-in-us-military-is-it-rare-when-was-the-last-case-relation-to-crime-of-treason/711078 "2015-01-28T03:42:18Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [January 28, 2015, 3:42am UTC](https://boards.straightdope.com/t/desertion-in-us-military-is-it-rare-when-was-the-last-case-relation-to-crime-of-treason/711078/1 "2015-01-28T03:42:18Z")
See three questions. Seems like a new judgement will be announced publicly this week. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [January 28, 2015, 3:47am UTC](https://boards.straightdope.com/t/desertion-in-us-military-is-it-rare-when-was-the-last-case-relation-to-crime-of-treason/711078/2 "2015-01-28T03:47:03Z")
In the first full year of the Iraq occupation, [about 5000 soldiers deserted.](http://en.wikipedia.org/wiki/Desertion#cite_note-CBS2004-36). For comparison, a brigade is about 3500-4000 men. I would venture, that it is a problem, but a manageable one. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [January 28, 2015, 3:48am UTC](https://boards.straightdope.com/t/desertion-in-us-military-is-it-rare-when-was-the-last-case-relation-to-crime-of-treason/711078/3 "2015-01-28T03:48:28Z")
It is relatively rare, but still occurs, including quite recently: [Desertion - Wikipedia](http://en.wikipedia.org/wiki/Desertion#United_States) Here’s the section on desertion from the Uniform Code of Military Justice: [http://usmilitary.about.com/od/punitivearticles/a/mcm85.htm](http://usmilitary.about.com/od/punitivearticles/a/mcm85.htm) Desertion is quite different from treason, which is defined in the U.S. Constitution (the only crime defined therein), Art. III, Sec. 3: \*Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. \* ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [January 28, 2015, 3:48am UTC](https://boards.straightdope.com/t/desertion-in-us-military-is-it-rare-when-was-the-last-case-relation-to-crime-of-treason/711078/4 "2015-01-28T03:48:46Z")
Treason has a very specific definition in the Constitution > [@Article III § 3](#): > > Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Desertion alone doesn’t meet that definition, but it is [codified](http://www.au.af.mil/au/awc/awcgate/ucmj2.htm#885.%20ART.%2085.%20DESERTION) as a crime in the UMCJ. In wartime, it is a capital offense. But nobody has been executed for desertion in the US since [Eddie Slovak](http://en.wikipedia.org/wiki/Eddie_Slovik) in 1945. ---
**Author:** ![GreasyJack](https://avatars.discourse-cdn.com/v4/letter/g/df705f/32.png) [@GreasyJack](https://boards.straightdope.com/u/GreasyJack)\ **Post date:** [January 28, 2015, 4:37am UTC](https://boards.straightdope.com/t/desertion-in-us-military-is-it-rare-when-was-the-last-case-relation-to-crime-of-treason/711078/5 "2015-01-28T04:37:11Z")
> [@AK84](#): > > In the first full year of the Iraq occupation, [about 5000 soldiers deserted.](http://en.wikipedia.org/wiki/Desertion#cite_note-CBS2004-36). For comparison, a brigade is about 3500-4000 men. > > I would venture, that it is a problem, but a manageable one. Although according to this chart, it wasn’t that much more than the normal peacetime desertion rate: [Desertion Rates in the U.S. Army Since 1970 (Infographic) | Live Science](http://www.livescience.com/46239-desertion-rates-in-the-u-s-army-since-1970-infographic.html) One other source I read mentioned that they attributed most of the higher desertion rate during wartime more to looser recruitment standards than to people refusing to go off to war. People who’ve had brushes with the law in the past are way more likely to desert and during peacetime the army would just tell them to take a hike, but standards slip when trying to meet wartime recruitment goals. ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [January 28, 2015, 10:08am UTC](https://boards.straightdope.com/t/desertion-in-us-military-is-it-rare-when-was-the-last-case-relation-to-crime-of-treason/711078/6 "2015-01-28T10:08:12Z")
My guess to Q2 is probably yesterday. Any employer with over 2 million employees is going to have people walking off the job pretty much every day for all kinds of reasons. If you leave Microsoft, The NHS or GM no one is going to pursue you, but even though the military will make some effort to catch deserters, I doubt they put much effort in to it. After all, all Western militaries are being cut back these days, so anyone who voluntarily leaves without severance pay and benefits is surely a plus. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [January 28, 2015, 10:35am UTC](https://boards.straightdope.com/t/desertion-in-us-military-is-it-rare-when-was-the-last-case-relation-to-crime-of-treason/711078/7 "2015-01-28T10:35:31Z")
Desertion in the modern US Army, (not sure where/when this definition came from historically speaking, despite some googling) means being AWOL for more than 30 days. The more serious offence which has, historically, carried the death penalty is “Desertion in the face of the enemy”. But even that traditionally capital offence has nothing to do with treason. ---
**Author:** ![Obtenebrate](https://avatars.discourse-cdn.com/v4/letter/o/9f8e36/32.png) [@Obtenebrate](https://boards.straightdope.com/u/Obtenebrate)\ **Post date:** [January 28, 2015, 10:37am UTC](https://boards.straightdope.com/t/desertion-in-us-military-is-it-rare-when-was-the-last-case-relation-to-crime-of-treason/711078/8 "2015-01-28T10:37:32Z")
From what I was told while I was in, desertion basically becomes an outstanding warrant and if you get pulled over or otherwise investigated by police, even years later, they’ll send you back for prosecution.