(a) Any member of the military forces shall be guilty of desertion who:
(1) Without the proper authority goes or remains absent from his place of duty, organization or post 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 the military forces enlists or accepts an appointment in another unit of the military forces without fully disclosing the fact that he has not been regularly separated, or who enlists in any foreign armed forces without the authorization of the President of the United States of America or of the Chief Commander.
(b) Any commissioned officer 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 shall be guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1309, eff. 90 days after June 23, 1969.