Expert: Jason Grabill - 3/11/2008

Question
my husband and his brother joined the corps together but his brother got held back in SAC company for about a year because of injuries and illnesses, he finally got so fed up with failing SOI that he tried for a medical discharge, they denied him and allowed him to go to the fleet where he immediately started training for iraq, and just a few weeks before he was supposed to leave he decided to just take off, he says it was because he was recieving death threats from his fellow marines and they threatened to kill him once they got to iraq, and stole his stuff, burned his uniforms, vandalized his barraks and made his life hell. Of course he never reported any of this and now has no proof, it has now been over a year and he wants my husband (his brother) to turn him in, for some reason he doesn't want to go by himself. he is convinced that nothing is gonna happen to him and he can use his sob story and just get a slap on the wrist, and still get an honorable discharge. so i have three questions, #1. will this get my husband in trouble for having anything to do with it? (when his brother went UA he was questioned by his CO and told them he knew nothing about his whereabouts)
#2. will it be worse for my brother in law if someone else turns him in as opposed to him turning himself in?
#3 what is likely to happen to him for deserting for such a long time in a time of war?

Answer
Dani:

 First, I think your initial suspicions are correct, he sounds full of it to me.  

 On to your questions:

  #1. will this get my husband in trouble for having anything to do with it? (when his brother went UA he was questioned by his CO and told them he knew nothing about his whereabouts)

  A:  If your husband knew something and didn't tell the CO about it, yes.  He could very well be charged under the Uniform Code of Military Justice.  While they may not do that if your husband has been a good Marine, it will be up to the command.

 #2. will it be worse for my brother in law if someone else turns him in as opposed to him turning himself in?

 A:  Yes.  If he turns himself in, military courts tend to look favorably on that.  If he's caught by the local police or someone else turns him in, then it's an 'involuntary return' and makes the desertion charge much easier to prove.  

#3 what is likely to happen to him for deserting for such a long time in a time of war?

 Likely he will be given some jail time, and a Bad Conduct Discharge for Desertion.  He's sadly mistaken if he thinks he'll get anything close to an honorable out of this.  

 The best decision for all concerned here is, if your husband does know his whereabouts, to turn him in and be done with the whole thing.  Let him take his lumps from there, but you'll be out from under this as far as worrying about your husband.

Jason