To view or download the complete regulation, click on the the link to it in the box above these comments.
Note that being declared a deserter is not the same as being charged with the offense of desertion.
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NAVPERS 15560D MILPERSMAN Section 1600-010 (14 Aug 2007)
DESERTERS
1. Policy
a. A member may be declared a deserter
(1) immediately, if the facts and circumstances of the
member's absence, without regard to the length, indicate the
member committed the offense of desertion, as defined in
reference (a), article 85; or
(2) if the member has been absent without authority for
30 consecutive days; or
(3) immediately, if member is absent without authority,
without regard to length of absence, and has gone to, or shown
intention of going to any foreign country, or remains in any
foreign country and requests or accepts any type of asylum or
residence from that country or its governmental agencies.
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To view or download the complete regulation, click on the the link to it in the box above these comments.
This is the regulation that allows but does require members of the Navy absent 120 days to
be processed for discharge at a TPU.
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NAVPERS 15560D MILPERSMAN Section 1600-030 (17 Mar 2008)
ACCEPTANCE AND DISPOSITION OF RETURNED DESERTERS
1. Policy. Any military installation of command, manned by
active duty members, may receive absentees and deserters.
Absentees/deserters should be subsequently transferred to the
nearest installation of their branch of service which has the
facilities to process absentees/deserters. Navy Absentee
Collection and Information Center (NACIC) will direct the
movement of apprehended Navy deserters.
2. Procedures
...
b. Enlisted personnel, absent for 119 days or less, will
normally be returned to their original duty station from which
they deserted; however,
(1) deserters absent from an overseas shore activity,
unit homeported overseas, or deployed unit (absent from homeport
for more than 90 days consecutively), who return to military
control within the 48 contiguous United States, Puerto Rico,
Alaska, or Hawaii, will be transferred to the Navy processing
unit closest to the point of apprehension/surrender.
(2) deserters absent from an overseas shore activity,
unit homeported overseas, or deployed unit, who return to
military control in an overseas area other than where the parent
command is located, contact NACIC for guidance.
(3) deserters absent from an overseas shore activity or
unit homeported overseas, absent for 119 days or less, who
return to military control in the overseas area where the parent
command is located, will normally be returned to their parent
commmand for disciplinary processing.
(4) deserters absent 119 days or less, assigned to an
at-sea ship or unit not deployed, will be returned to Transient
Personnel Unit (TPU) at homeport of unit for further transfer to
the unit upon return to port.
(5) deserters absent 119 days or less, assigned to an
at-sea submarine not deployed, will be returned to the
submarine's parent squadron/group or the TPU at the submarine's
homeport.
(6) deserters absent for 120 days or more will be
returned to the Navy processing unit closest to the point of
apprehension/surrender. Navy processing activities for the
purpose of this article are
TPU, Puget Sound, Sliverdale, WA;
TPU, Jacksonville, FL;
TPU, Great Lakes, IL;
TPU, Norfolk, VA;
TPU, San Diego, CA; and
TPU, Pearl Harbor, HI. |