Soldier loses appeal over evading Afghan war

Joe Glenton, from York, who was handed the custodial term and demoted to private from lance corporal after admitting the charge at a court martial last month, was present for the ruling by the Lord Chief Justice, Lord Judge, and two other judges in London.

The military court in Colchester, Essex, heard Glenton was discovered missing on June 11 2007 and was absent for 737 days before handing himself in.

The 27-year-old had performed a seven-month tour of duty in Afghanistan in 2006, serving with the Royal Logistic Corps, and had been promoted to lance corporal because of the "exemplary" way he carried out his duties.

Glenton, who has so far served 75 days of his sentence, said he suffered from post traumatic stress disorder (PTSD) after his first stint in the war zone.

It was argued on his behalf that because of a diagnosis of PTSD it had been "wrong in principle" to impose an immediate custodial sentence on him. The court was urged to either suspend it or reduce it to allow for his release.

But the judges, sitting in London, ruled his sentence was neither excessive nor wrong in principle.

Announcing the decision, Lord Judge said the "crucial matter in this sentencing decision was the impact of the absence of the individual member of service personnel on the operational effectiveness of the unit".

He added: "The individual who goes absent without leave and so deliberately avoids his duties – when his duty is to be posted to a theatre of war – is not only letting down his comrades-in-arms and undermining their morale generally, his conduct exposes another serviceman or woman sent to replace him to the risks that he is avoiding."

The court heard that Glenton's expected date of release was August 2, but full remission for good behaviour could bring the date forward to July 12.