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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