Arrested for Awol

[baker71179]

What is the name of your state? Ga

A good friend of mine was arrested for being awol, thing is he couldn't be awol for more than a day unless his NCO marked him awol since 03 feb 05 but he has proof that he reported in then. Anyway he has a 3 month old baby to take care of because his wife recently left him and from my understanding, his nco went to his house and wanted to search the house telling him that he had the right to because he thought that his wife was really there and that he was making the situation up to get a discharge which he hasn't put in for, and the NCO got very pissed and threatened to turn him in as awol since feb 03 since my friend told him to get the you know what out of his house. My friend said that he did that because his nco threatened to call child services and have his daughter removed because his house was a bit dirty but I don't see how they could do that..... anyway I'm just worried and I wanna know what the worst case scenario is for him so badapple help me out.

[fedcop110]

Originally Posted by baker71179

What is the name of your state? Ga

A good friend of mine was arrested for being awol, thing is he couldn't be awol for more than a day unless his NCO marked him awol since 03 feb 05 but he has proof that he reported in then. Anyway he has a 3 month old baby to take care of because his wife recently left him and from my understanding, his nco went to his house and wanted to search the house telling him that he had the right to because he thought that his wife was really there and that he was making the situation up to get a discharge which he hasn't put in for, and the NCO got very pissed and threatened to turn him in as awol since feb 03 since my friend told him to get the you know what out of his house. My friend said that he did that because his nco threatened to call child services and have his daughter removed because his house was a bit dirty but I don't see how they could do that..... anyway I'm just worried and I wanna know what the worst case scenario is for him so badapple help me out.

Who arrested him? Unless he was classified as a deserter he would not be arrested. When he is classified as a deserter (30 days) the police/mp's will get involved. Up until that point it is a unit issue. Even after the 30 days no one is actively looking for him. The army does have awol apprehension individuals but all that they do is input people into the computer and pick up soldiers that have been arrested by the locals. Now if he was a deserter, he may have been arrested but that would more than likely be from a traffic stop or background check. How was he "arrested?" Who has him in custody? Anyone can call child services. If his house was just a "bit dirty", they would have had to investigate but it wouldn't be an issue. WOrst case scenario depends on whether he was AWOL or a deserter and whether he is looking at a company or field grade ART 15. Hope this helps, but we need more info.

[baker71179]

ok yes he was arrested by the county sheriff's department because they had a warrant stating he was awol..... He was then turned over to the MP's and then his unit. They accused him of being awol since the 11th of this month.... he spent the night at the battalion building and was released this morning by the Rear D commander**************.. my suspicion is that they got the warrant just so they could search his house... but I'm not sure.. and yes he has people to vouch that he DID report in everyday since they marked him awol... so what can he do about this? He called me and was VERY upset because they put his daughter in dfacs and he just got her today, but he wants to know if they were legit in what they did.

[badapple40]

Tell him to go to the base legal office and tell them he wants to file an Article 138 complaint against the NCO.