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Actively in the investigation process. the officer then makes a recommendation to the commander and says, nothing here. there is something here. we recommend you do this. there is a lot here. we recommend you have a court-martial. then the commander can decide by himself what he wants to do whether court-martial or not. what do they have to prove to take it from awol to desertion? if you re back in the states and not in a deployment zone which he was not he was deployed. if you go absent without leave you have to show intent to be a deserter and in the states you show intent by being absent for more than 30 days. it s presumed if you re gone for more than 30 days you intend to stay away. in a deployment zone it is not at that level of proof. especially in a case where there is some evidence at least to indicate you intended to stay ....