I’m putting this here rather than in GQ because I want opinions as well as bald facts.
Here’s the context: I’m working on a story in which a military installation is being evacuated because it is under siege and probably doomed to fall. Two military types–a green officer and a grizzled non-com–are assigned to escort a group of 17 civilians. During the evac, the group is attacked, and though the good guys win, they suffer one fatality. The green officer, ashamed of his poor performance, abandons the group in the apparent he has a better chance of surviving on his own, taking one of three long guns the group has.
During the story, the viewpoint character keeps an obsessive tally of their resources. After the officer bugs out, he thinks, “16 people left; two kids too little to fight; 1 fatality; 1 traitorous coward.”
Obviously the officer’s a putz ad guilty of gross dereliction of duty, malfeasance, & desertion, and is surely gonna be cashiered & hanged if his hierarchy ever finds him. But is he guilty of TREASON?
(It’s mostly an idle question, obviously, as it makes no difference to the plot.)
Normally I would say no. BUT, he did take some of the weapons the group would need, rather than just running away. That changes things. (morally, away)
Off of the top of my head, I don’t think he’s guilty of treason by simply deserting. Most instances of “waging war against the U.S. or giving aid and comfort to its enemies” have been people taking positive action against the United States, rather than simply failing to act or fulfill a duty. Now, if he defected and took up arms against his own installation, yeah, that’d probably be treason.
Not according to anything that I can find online including the portion of the UCMJ that covers desertion.
A non military person may think it treasonous to desert, but barring some pretty special circumstances I don’t think that it’s legally treason. At least the Sarge wouldn’t think so.
Hmm… I hadn’t thought of the Sarge’s opinion, as he’s not the viewpoint character. I can have him comment that it’s desertion, not treason, but still something the lieutenant should be shot for.
Wait, first off why doesn’t Sarge cap the cowardly asshat himself, and secondly (my Google-Fu is failing) can a non comissioned officer shoot an officer for desertion, or only a subordinate?
Circumstances make it impractical; he’d still lose the second weapon and waste ammo he does not have to spare. I’m sure he puts the officer on his list of people to kill by accident at first opportunity.
Ok, a quick phone call to one of my enlisted brothers found out that you cannot shoot someone for desertion if they outrank you, however in times of duress you can summarily relieve them of their command if they start to get all hinky on you.
So Sarge can bust the LT down from command and issue him an order as the relieving commanding on site to stop him from taking off.
Kind of a grey area as to if you can then shoot him for desertion after relief however.
ETA- It’s kind of scary how current duty servicemen have this information on the tips of their tongues…
Even given that the desertion of an officer deserts puts his subordinates at risk, could it really be considered an act of war against the United States or adherence to their enemies?
I was basically going to say this. Treason is a crime against your nation, not against your buddies.
But I’m not sure what level of betrayal might ride to the level of treasonous. For instance, what if this were a group of stragglers behind enemy lines, and the deserter tells the enemy the hideout location of the group in exchange for free passage back to his own lines? I dunno, treasonous? My guess would be yes.
OTOH, if he gave the enemy helpful details of the next offensive his side was about to launch, I’m pretty sure that would unquestionably be treasonous.
Check the link to the UCMJ above. They most certainly can shoot someone for desertion in wartime. If it’s not during action then it’s a court martial offense.
Well it depends. If a soldier deserts on a warm apple pie with some ice cream on top or one of those red white and blue cakes they sell around the fourth of July its a simple desertion. If however he uses a German chocolate cake or a Napoleon as desert, it will most likely be considered treason.
“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.”
I’m reading that as - if you desert during war, a court-martial can direct any punishment up to and including death. If it’s not during a war, the punishment cannot be death. Nothing about an officer shooting a deserter on the battlefield without a trial.
Article 85
Uniform Code of Military Justice (UCMJ)
(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 on 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.
Guilty of treason? No. Guilty of desertion? Hell yes. He’s not just AWOL in the circumstances laid out since he left and intends to stay away permanently. According to the uniform code he’ll get a dishonorable discharge, forfeiture of all pay and benefits, and 3–5 years imprisonment. In theory, he could be sentenced to death, but that punishment has only been used once in the last 100 years or so.
If the non-com shot the officer for desertion, or “accidentally” got the officer killed, he would probably face a court martial and be punished for an inappropriate action on the battlefield. I would expect dishonorable discharge and forfeiture of pay and benefits for that also, along with a probable prison term. Even if the non-com got away with covering it up or making it appear accidental, his career would be effectively turned to crap in the likely event that other servicemen suspected him of killing the little shit. He’d have to be pretty dumb and/or not know how the military works to do something like that.