|MILITARY ATTORNEYS ONLINE
(1) without authority goes or remains absent from his unit,
organization, or place of duty with intent to remain away
(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
one 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.