JBoyd said:
what they need to realize is that there is a large difference between AWOL and desertion
DESERTION:
(1) Section 88 of the National Defence Act provides:
"88. (1) Every person who deserts or attempts to desert is guilty of an offence and on conviction, if the person committed the offence on active service or under orders for active service, is
liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding five years or to less punishment.
(2) A person deserts who
(a) being on or having been warned for active service, duty during an emergency or other important service, is absent without authority with the intention of avoiding that service;
(b) having been warned that his vessel is under sailing orders, is absent without authority with the intention of missing that vessel;
(c) absents himself without authority from his place of duty with the intention of remaining absent from his place of duty;
(d) is absent without authority from his place of duty and at any time during such absence forms the intention of remaining absent from his place of duty; or
(e) while absent with authority from his place of duty, with the intention of remaining absent from his place of duty, does any act or omits to do anything the natural and probable consequence of which act or omission is to preclude the person from being at his place of duty at the time required.
(3) A person who has been absent without authority for a continuous period of six months or more shall, unless the contrary is proved, be presumed to have had the intention of remaining absent from his place of duty."
(1) Section 90 of the National Defence Act provides:
"90. (1) Every person who absents himself without leave is guilty of an offence and on conviction is
liable to imprisonment for less than two years or to less punishment.
(2) A person absents himself without leave who
(a) without authority leaves his place of duty;
(b) without authority is absent from his place of duty; or
(c) having been authorized to be absent from his place of duty, fails to return to his place of duty at the expiration of the period for which the absence of that person was authorized."
I put in the punishments available in
BOLD YELLOW for emphasis. Note that the punishment listed for Desertion is for "active service" offences. (EG: not showing up to go to Afghanistan). I also seem to remember that desertion used to be punishable by death or less punishment prior to 1999.
EDIT: Should a better way to track the effect on war be how many convictions of desertion have taken place since 2001? Service members who avoided going to Bosnia (say, 1993 time frame, if any) could have been charged under this section (desertion, vice AWOL).