Section 38-2-518. Desertion

   (a) Any member of the organized militia who:

   (1) Without proper authority goes or remains absent from his unit, organization, or place of duty with intent to remain permanently away therefrom;

   (2) Quits his unit or organization or place of duty with intent to avoid hazardous duty or to shirk important service; or

   (3) Without being regularly separated from one of the forces of the organized militia enlists or accepts an appointment in the same or another one of the forces of the organized militia without fully disclosing the fact that he has not been so regularly separated

commits the offense of desertion.

(b) Any officer of the organized militia who, having tendered his resignation and prior to due notice of the acceptance of the same, quits his post or proper duties without leave and with intent to remain permanently away therefrom commits the offense of desertion.

(c) Any person found guilty of desertion or attempted desertion shall be punished as a court-martial may direct.

Ga. L. 1955, p. 10, § 60.81.