United States: Length of tour of duty for a person who voluntarily enlists in the United States Marine Corps; the penalties for leaving before the required period has expired

The relevant legal sources for information concerning offences and penalties for persons serving in the United States armed forces are the United States Code, Title 10, provisions from the United States Code of Federal Regulations and the Manual for Courts-Martial. The latter document provides the greatest detail and is available online at >.

According to Section 651 of United States Code Title 10, the term of service for a member of the armed forces is not less than six, nor more than eight years. In a telephone interview with the Research Directorate, a staffperson at the Judge Advocate Division, United States Marine Corps, Washington, DC stated that for persons enlisting in the Marine Corps, it is an eight year commitment which can be served with six years of active duty and two years in the reserves, or with four years of active duty and four years in the reserves (2 July 1999).

According to the Manual of Courts-Martial, Article 85, paragraph 9, the offence of desertion includes the case of a person who "remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently." The maximum punishments for desertion vary based upon circumstances: where the person has attempted or completed desertion with intent to avoid hazardous duty or to shirk importance service, the maximum punishment is dishonourable discharge, forfeiture of all pay and allowances, and confinement for five years; where the desertion is for other reasons than those mentioned above, and the person is captured involuntarily, the maximum punishment is dishonourable discharge, forfeiture of all pay and allowances, and confinement for three years; where the desertion is for other reasons than those mentioned above, and the person voluntarily surrenders, the maximum punishment is dishonourable discharge, forfeiture of all pay and allowances, and confinement for three years; where the desertion occurs during a time of war, the maximum punishment is death or such other punishment as a court-martial may direct.

There is also a related lesser offence of Absence Without Leave, Article 86, paragraph 10. A person is absent without leave if they fail to go to their appointed place of duty at the time prescribed; go from their appointed place of duty; or if they absent themselves or remain absent from their unit, organization or place of duty at which they are required to be at the time prescribed. The maximum punishments for absence without leave vary based upon circumstances: for failing to report to the appointed place for duty, the maximum punishment is confinement for one month and forfeiture of two-thirds pay per month for one month; for absence for less than three days, the maximum punishment is confinement for one month and forfeiture of two-thirds pay per month for one month; for absence between three and thirty days, the maximum punishment is confinement for six months and forfeiture of two-thirds pay per month for six months; for absence longer than thirty days where the absentee surrendered voluntarily, the maximum punishment is dishonourable discharge, confinement for twelve months and forfeiture of all pay and allowances; for absence longer than thirty days where the absentee was captured involuntarily, the maximum punishment is dishonourable discharge, confinement for eighteen months and forfeiture of all pay and allowances. Other provisions deal with absence from guard or watch and absence with intent avoid field manoeuvres or exercises.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Judge Advocate Division, United States Marine Corps, Washington, DC. 2 July 1999. Telephone interview with staffperson.

United States. Manual for Courts-Martial. January 1998. [Internet] [Accessed 2 July 1999]

United States. United States Code. January 1998. [Internet] [Accessed 2 July 1999]