NEWS: Support the Troops, DAMMIT!

From the way I am understanding it here, the main difference between AWOL and Desertion is whether or not he has the intent to return to duty. If he does not intend to return to service, it is desertion. Also, it is desertion, like Ordinary said, if it is in a time of war.

And desertion apparently merits much stronger punishments than being AWOL.

The situation, legally speaking, isn't as black and white as that (if this is dru138's case). I'm quite sure that the military is still operating under the "authorization of military force" given by Congress. There hasn't been a actual declaration of war. Does the term "military force" equal "war"? I can't find a legal precedent that does. If you can, please link it here.

When the Administration uses the word, "war", it's more for marketing purposes. And we've all been conditioned to use that word.

Second, there have been no prosecutions by the government for IRR failing to report. No declarations by the Army of IFF member being AWOL:

And there really hasn't been any push since 2004 to force IRR members back into service. I don't think dru138 has much to worry about (for the moment that is).

The above statement is more of an opinion, which you're certainly entitled to. But my moral judgement leads me to disagree with and dispute it.

Here's the problem though, there isn't much of a precedent that says the UCMJ applies to IRR members. Remember, these people have been discharged by the military. In the case of Adam Kokesh, "the Marine Corps panel, as well as the prosecution's key witness, Major Whyte, agreed that the Uniform Code of Military Justice (UCMJ) does not apply to members of the Individual Ready Reserve (IRR)".

Therefor, how could a IRR member be AWOL or a deserter?

Good point.

They could sue for breach of contract though. He is contractually obligated to return to service. I dont think they would. But they could.

Thats the funny part... I feel like the contract was violated by the ARMY!

Of course this really comes down to the fact that I didn't and still don't understand the shit they have between the lines when you are recruited. I signed up thinking I would have 6 years of Active Reserve Drills then 2 years in the IRR; which was explained as something like this "you have 2 years where you don't drill, don't get paid or get rank- but you can still be called up".

When my IRR date came I was told "Oh, yeah, THAT...well it doesn't exactly work like that, you see we submit a packet to the higher ups and they make the decision. They could either tell you to keep drilling, deploy you, or discharge you;. But we have to warn you that pretty much every one is getting pulled out of the IRR and deployed, so your probably gonna get deployed."

Now I'm not really sure what kind of contractual loophole I'm a victim of, or if the contract I signed is even still honored on their parts.

I wrote my statement of intent, which was that I wanted to be done- the sooner the better and registered as a conscientious objector. I was told that I would have to keep coming to drill every month until the decision was made. After 2 months of that I asked what the progress was and was told "Oh we're still waiting". Two months later: same shit.

I stopped going.

If it's AWOL, Desertion, cowardice, whatever a person wants to call it-

I am DONE

First and foremost I don't believe war solves any problems. Secondly I don't feel that our leaders entirely give a shit about the individuals that make their stations relevant; that they want to take care of me before or after the military day is done; or that anything I could do as a citizen has as big of an impact as just standing up and saying "I'm going to stand apart from you no matter what".

dru138...i've been out for a year, let me tell you that you not showing up for your IRR stuff is seriously ok, you're doing the right thing there. that retention NCO line "everyone is getting pulled out of IRR and deploying" is TOTAL BULLSHIT, completely ignore their threats, they just want you to re-enlist thinking "oh well if i have to go anyway i might as well keep working on my 20 years.''

in the IRR you are NOT required to perform duty, since you aren't getting paid, so they can't ask you to show up for anything except a hearing/trial or to get ready to deploy. they will absolutely not charge you AWOL, much less with desertion.
if they try to call you up or anything file a C.O. packet and tell them you will absolutely not ever load your rifle again and they'll be forced to deal with it before they can do anything.
also, if you're close to your height/weight and APFT cutoff, is to put on a little weight so you'll fail anytime they try to tape or weigh or APFT you and they'll have to give you an honorable discharge for medical issues.

don't let them fuck you