Most people know or have heard that desertion is an offense that can potentially be punishable by death under the Uniform Code of Military Justice. It might seem like an extreme measure, but that’s because it has to be. There is currently a debate going on about the U.S. service member that was potentially held as a POW being released in return for the release of five hardened Taliban fighters, one of which has been connected to the brutal slaughter of thousands of Afghani’s. I’ve been following this story as it progresses because I find it very interesting and I really want to see how it plays out. It seems that half of us feel like he should be hailed as a hero while the other half thinks he is a deserter. I won’t turn this into a rant about my own personal views, even though I am leaning pretty heavily one way on this issue at this point given the information that I have seen. Whatever happens is this case will depend on the particulars of what happened which will surely come out in time. Either way, it’s been conceded that he willingly left his guard post and walked into enemy territory, which makes him an idiot at best and a deserter at worst.
Whether he is considered a deserter or not will depend on his intent when he left. The difference between AWOL and desertion is intent, according the Uniform Code of Military Justice. If he intended to leave and not come back, as one might ascertain from the emails he sent to his family about his apparent disgust with America, and being ashamed to be an American then it’s a safe assumption that it was his intent to desert. In addition to this it has been stated that for the next 90 days that numerous military units went out on a number of missions to try to find him, which resulted in six American soldiers deaths which is most certainly something that somebody needs to answer for, for instance, the person who caused it by wandering off with whatever his intentions were.
One of the arguments I’ve seen about his situation is that even if he did intend to desert that five years as a prisoner of the Taliban is punishment enough, but if you ask me, which I am certain nobody will, no it is not enough. It is not nearly enough. When you join the military you take on an incredible responsibility. Not just to fulfil the oath that you take, but to the men and women serving with you. Surely this guy couldn’t have known that people were going to die while looking for him, or that his freedom would eventually be obtained by releasing people that are most definitely going to end up fighting and possibly killing more Americans would be freed for his exchange, but his own actions caused all of that and he should at least be held accountable of that.
Unfortunately, as is often the case, this high profile incident has already become a point of political debate with one side saying he’s a hero and the other side saying he’s a traitor that it will most likely be argued about to exhaustion and nothing productive will come of it. I certainly don’t know all of the facts involved with this case so I’m hesitant to rush to conclusions, but the fact that it cost six men their lives trying to find him, then I would hope his intentions are found out. And if he is found to be a deserter then there is no punishment sufficient enough to atone for what he has caused.