26-1085. Desertion
A. Any member of the national guard who without authority goes or remains absent
from his unit, organization or place of duty with intent to remain away permanently,
quits his unit, organization or place of duty with intent to avoid hazardous duty or to
shirk important service or without being regularly separated from the national guard
enlists or accepts an appointment in the same or another one of the forces in the
national guard without fully disclosing the fact that he has not been regularly separated
is guilty of desertion.
B. Any commissioned officer of the national guard 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 permanently is guilty of desertion.
C. Any person who is 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.
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