Comments: To view or download the complete regulation, click on the the link to it in theabove.
a. A member may be declared a deserter
(1) immediately, if the facts and circumstances of the member's absence, without regard to the length, indicate the member committed the offense of desertion, as defined in reference (a), article 85; or
(2) if the member has been absent without authority for 30 consecutive days; or
(3) immediately, if member is absent without authority, without regard to length of absence, and has gone to, or shown intention of going to any foreign country, or remains in any foreign country and requests or accepts any type of asylum or residence from that country or its governmental agencies.
Comments: Note that being declared a deserter is not the same as being charged with the offense of desertion.