- 08-Jun-2025
- Cyber and Technology Law
Desertion refers to the act of a service member abandoning their assigned post or duty without permission, particularly when they do so with the intent of avoiding service or permanently leaving the military. Desertion is considered one of the most serious offenses in the military, and it carries significant consequences for the individual involved, especially regarding their discharge status. This can lead to severe legal, professional, and personal repercussions, which can impact the individual’s future career and reputation.
One of the most severe consequences of desertion is the potential for a dishonorable discharge. This type of discharge is the most negative status a service member can receive and typically results from serious offenses like desertion.
A dishonorable discharge can have long-lasting consequences, including the loss of veteran benefits, ineligibility for certain types of civilian employment, and a criminal record that may follow the individual for the rest of their life.
Desertion is considered a criminal offense under military law, and individuals caught deserting can face legal action under the Uniform Code of Military Justice (UCMJ) in the United States or equivalent laws in other countries.
Those found guilty of desertion may face court-martial, which can result in penalties such as confinement, forfeiture of pay, reduction in rank, or other disciplinary actions. In extreme cases, desertion during wartime may carry a death penalty in some jurisdictions, although this is rare.
A general court-martial may be convened to handle desertion cases, which involves a trial where the individual can defend themselves, but the potential for severe legal consequences is significant.
A dishonorable discharge due to desertion results in the loss of veteran benefits, including pensions, healthcare, and other services that may be available to military personnel after their service.
In some cases, the individual may lose access to any severance pay or discharge-related financial compensation they might have been entitled to.
Additionally, the dishonorable discharge could prevent the individual from reenlisting in the military or obtaining future employment that requires a clean service record.
Career prospects outside the military are often negatively affected by a dishonorable discharge. Civilian employers, especially those in government or security-related fields, may view desertion as a serious character flaw, significantly diminishing the individual’s chances for future employment.
The stigma of desertion can impact a person’s reputation permanently, making it difficult to rebuild trust in both personal and professional spheres. Many employers are hesitant to hire individuals with a dishonorable discharge on their record, especially when the offense is as serious as desertion.
In some cases, if the desertion was not considered willful or if the individual returns to military service voluntarily after a period of absence, they may be discharged under less severe conditions.
The military may pursue an administrative discharge if the individual shows remorse, completes any required actions (such as returning to the unit), and agrees to the terms of the discharge. This still may not result in an honorable discharge but could result in a general discharge or other than honorable discharge (OTH), depending on the circumstances.
Re-enlistment or reinstatement after desertion can be extremely difficult. In most cases, desertion severely impacts the individual’s eligibility for rejoining the military. If the individual has been dishonorably discharged, re-enlistment is generally not an option unless the discharge status is changed (which is highly unlikely).
Some cases may involve mitigation if there were extenuating circumstances that led to the desertion (e.g., severe mental health issues, family emergencies). However, this requires the individual to go through a review process that is not guaranteed to result in favorable terms.
Private John, deployed in a combat zone, deserts his post and leaves his unit without authorization. He is later apprehended by military police and faces court-martial for desertion. Due to the severity of the offense, he is found guilty and is dishonorably discharged from the military. This results in the loss of all military benefits and a permanent criminal record, severely impacting his future civilian employment prospects.
Sergeant Laura, after several months of being absent without leave (AWOL), returns to her unit and admits to desertion. While her absence was serious, the military determines that there were significant personal issues contributing to her actions. She is given a general discharge rather than a dishonorable discharge. Though she does not lose all benefits, her career prospects are still impacted, and the discharge status may affect her future civilian employment opportunities.
Desertion is a serious offense in the military, and it has a major impact on an individual’s discharge status. Depending on the circumstances and the severity of the desertion, the individual may face a dishonorable discharge, legal consequences, and the permanent loss of military benefits. The long-term consequences of desertion extend beyond the military, affecting civilian job opportunities and reputation. However, in some cases, if the individual returns to duty voluntarily or has mitigating circumstances, the military may issue a less severe discharge, such as a general discharge or other than honorable discharge. Regardless, desertion is treated as a severe breach of military discipline and is likely to affect a service member's future for years to come.
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