Article 58.
Desertion:
Punishment: (Wartime) Death or Court Martial. (Peacetime) Court Martial.
"Any person—who deserts or attempts to desert in time of War ... death or such other punishment as the court martial may direct ... any other time any punishment except death."
Essential features are:
- An intent not to return.
- An overt act of separation from duty.
- Drunkenness tends to show absence of the intent.
Minority is no defense.
Enlistment while in desertion does not remove the charge of desertion.
Absence Without Leave:
Punishment: Court Martial.
"Any person who fails to repair at the fixed time to duty, or goes from same without leave of absence, or absents himself from his command, guard, quarters, station or camp without proper leave...."