U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 885

Art. 85. Desertion

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(a) Any member of the armed forces who—(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;(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.(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

885(a)

885(b)

50:679(a).

50:679(b).

May 5, 1950, ch. 169, § 1 (Art. 85), 64 Stat. 135.

885(c)

50:679(c).

In subsection (a), the word “unit” is substituted for the words “place of service” to conform to clause (2) of this section and section 886(3) of this title. The word “proper” is omitted as surplusage.

In subsection (b), the word “commissioned” is inserted for clarity. The word “before” is substituted for the words “prior to”. The words “its acceptance” are substituted for the words “the acceptance of the same”. The words “after tender of” are substituted for the words “having tendered” for clarity. The word “due” is omitted as surplusage.

In subsection (c), the words “attempt to desert” are substituted for the words “attempted desertion”.

Notes of Decisions
Cited in 442 cases (19 in the last 5 years), 1957–2026 · leading case: Furman v. Georgia, 408 U.S. 238 (1972).
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Furman v. Georgia, 408 U.S. 238 (1972). · cites it 2× “10 U. S. C. §§ 885 , 890, 894, 899, 901, 904, 906, 913, 918, and 920.”
United States v. McNutt, 62 M.J. 16 (C.A.A.F. 2005). · cites it 3× “6 In the letter, Cpt Shahan asserted that during the “Bridging the Gap” session with counsel after Appellant’s sentencing, the military judge told trial counsel and defense counsel that he wanted to ensure Appellant actually 5 10 U.S.C. §§ 885 , 886 (2002). 6 See R.C.”
Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963). · cites it 2× “permanently" or the "intent to avoid hazardous duty or to shirk important service" specified in the definition of desertion codified in the Uniform Code of Military Justice, 10 U. S. C. § 885 . The mere fact that the conduct described in § 401 (j) requires the crossing of a…”
United States v. Khamsouk, 57 M.J. 282 (C.A.A.F. 2002). · cites it 2× “” The DD Form 553 indicated that appellant had, in violation of Article 85, UCMJ, 10 USC § 885 , “without authority and with intent to remain away therefrom permanently,” absented himself on December 13, 1996.”
Davidson v. State, 249 S.W.3d 709 (Tex. App. 2008). · cites it 2× “See 10 U.S.C. § 885 (1998). 3 Article 8 of the Uniform Code of Military Justice grants civilian authorities the power to apprehend deserters.”
United States v. Gore, 60 M.J. 178 (C.A.A.F. 2004). “Appellant was charged with two specifications of desertion and one specification of unauthorized absence, in violation of Articles 85 and 86, UCMJ, 10 U.S.C. §§ 885 and 886 (2000), respectively.”
State v. Scott, 851 A.2d 291 (Conn. 2004). · cites it 2× “The defendant, relying on 10 U.S.C. § 885 , 8 which governs the subject of absence from the military without leave, “and the federal government’s exclusive control over its active duty military service members,” argues “that, under the supremacy clause, Connecticut cannot compel…”
United States v. Carpenter, 51 M.J. 393 (C.A.A.F. 1999). · cites it 2× “Before a general court-martial composed of officer members, appellant was charged with desertion, larceny, and forgery, in violation of Articles 85, 121, and 123, Uniform Code of Military Justice, 10 USC §§ 885 , 921, and 923, respectively.”
Gary Jackson v. Thomas Modly, 949 F.3d 763 (D.C. Cir. 2020). “13 desertion can even result in the death penalty, 6 10 U.S.C. § 885 (c). We can think of no other occupation in which these types of restrictions are placed upon terminating the work relationship.”
United States v. Treat, 73 M.J. 331 (C.A.A.F. 2014). · cites it 2× “Appellant was subsequently charged with desertion, missing movement, willfully disobeying a superior commissioned officer, and making a false official statement in violation of Articles 85, 87, 90, and 107, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 885 , 887, 890,…”
United States v. Davenport, 9 M.J. 364 (1980). “See Articles 85, 86, and 87, UCMJ, 10 U.S.C. §§ 885 , 886, 887, respectively.”
United States v. Oliver, 70 M.J. 64 (C.A.A.F. 2011). “At a general court-martial convened at Fort Eustis, Virginia, a panel composed of officer and enlisted members convicted Appellant, contrary to his plea, of one specification of desertion with the intent to remain away permanently, in violation of Article 85, Uniformed Code of…”
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