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A Marine who allegedly deserted nearly 30 years ago during the Vietnam War and fled to Canada faces up to five years in prison after being arrested entering the United States, a military spokesman said Wednesday.

Because the conflict was never formally declared a war, Randy Caudill will not face a firing squad–the maximum sentence for desertion in time of war.

Caudill, a 48-year-old grandfather, will be charged either with desertion or unauthorized absence, said Marine Staff Sgt. Glenn Holloway, a spokesman at Camp Pendleton, north of San Diego.

“Since the violation did not occur in a combat situation, the maximum he can receive is five years,” said Holloway. “But it could be substantially less — a slap on the wrist.”