Awol 356 days, went back, discharged

[itaitab]

What is the name of your state (only U.S. law)? CA

I know alot of people read this forum who are awol seeking a bit of information about the kind of trouble they are in, or what to expect. I am here to tell you what happened to me. If your one of those military lifers who's sole purpose on this forum is to throw in your witty little comments about how I'm a terrible person etc etc... Your opinion is really not wanted, go buy your wife some flowers or something.

Anyways In late may of 08 I was in a infantry unit who was close to receiving orders for deployment. During this time I was completely miserable, I hated the military, I was depressed. . . I had all these negative feelings towards everything, and it was because the Army was turning me into someone I did not want to be.

I know if I tried to get out legitimately the process would take 3-6 months and I felt I did not have that much time, I decided to go awol. I packed up all my stuff, and left on a saturday, that following monday my sqaud was blowing up my phone cussing me out trying to find me but I just did not answer.

About 4 months later they randomly started calling me again saying if I was not on the plane to Iraq which leaves in 7 days I was going to jail. I just figured whatever I'm not going back to that hellhole and ignored there threats. I did alot of procrastinating but I finally decided to turn myself in after along vacation to fort sill in Oklahoma. The initial turn in was one of the hardest things I ever had to do. I was a bit scared to tell the truth but it was not so bad.

If I would have left from basic or AIT I would of been discharged from Sill within 3-5 days with a chapter 10 OTH discharge. Even a few permanent party guys were discharged there. But I was the only one in which the unit requested they wanted returned. So I buy a plane ticket back to my duty station and was told MP's were going to pick me up at the gate. So I get there and there were no MP's, and the soldiers at the airport told me no one was expecting my arrival. As a matter of fact, no one at my old duty station knew I was returning. The PCF guys at Sill just sent me back pretty much. And lied about them anticipating me returning ... anyways

I process back into my unit which was done by rear-D because My unit is still deployed. I meet up with a few guys who I knew and expected a bit of criticism but received none. No one really gave a damn. I just went along with the work week as if I never had left. I received normal pay and everything, no extra duty. My commander told me if I wanted to stay in I could, even after being gone so long. This was most likely tied to the fact I never had any previous troubles in my past, and up until my random disappearance I was a good soldier who did what I was told. I also did not piss dirty when I was drug tested the next day.

But I was being charged with desertion under orders to deploy and was looking at about 12-15 months in a military brig.

So days go by and I talk to a lawyer a few times about how my defense is going to go, then I do not see him for like 2 months. Total time back in the army hits 3 months and I'm about to start my court martial when I receive a call from my lawyer telling me to come in asap.
He lets me know that he wants to submit a chap 10 packet, which is a discharge in lieu of court martial. So I thought okay sounds great! Anyways the general accepted my packet and they let me go with a OTH, which was the best case scenario for me.

there was 3 other guys in the same situation as me back at my unit. All of them are being thrown in the brig for at least 8 months. and being released with a BCD. I suppose I was lucky, but I did what I was told when I was there. I didn't get in trouble. And I even banged a few girls in the barracks haha.

They did not even pull my rank until about 7 days before I was officially released. Most of my NCO's there told me I was a good guy, who made a bad mistake by leaving, but never harassed me about anything like the other awol guys got.

So I guess to sum it up there is no definite way these things go, its all case by case. Just make sure you turn yourself in, you will get way more respect.

If your gone for less then 6 months they wont be so hard on you. But look at me, 356 days gone and no jail time with a upgradeable discharge. It only took 3 months and some change but its over with, and the experience was a good one. It was nice seeing everybody in my old platoon come back from Iraq. Even them, after being gone a year didn't haze me at all, they were glad to see me. The ones who were my friends before continued to be my friends, and the ones I didn't really care for before, I still didn't care for.

If anyone has any questions I might of failed to answer in here you can pm me or something. Do not let the haters on here make you feel bad about your decision. There more then likely just sour old men.

Oh and I got a job already f.y.i
2 weeks after being home

25 bucks a hour, even told them about my OTH discharge and they did not care.

[ERAUPIKE]

Just how is your discharge "upgradeable?"

[itaitab]

After 6 months you can have it reviewed and upgraded to general. 6 months later you can do the same and have it upgraded to honorable, which even though is very highly unlikely. It could still happen with the help of a congressman.

[ERAUPIKE]

Originally Posted by itaitab

After 6 months you can have it reviewed and upgraded to general. 6 months later you can do the same and have it upgraded to honorable, which even though is very highly unlikely. It could still happen with the help of a congressman.

Can you provide the regulation that backs up your claim? I'll give you a hint, no you can't.

[itaitab]

Originally Posted by ERAUPIKE

Can you provide the regulation that backs up your claim? I'll give you a hint, no you can't.

My jag lawyer?
Along with my old first sergeant and numerous NCO's who advised me to do so?
possibly?

[ERAUPIKE]

Originally Posted by itaitab

My jag lawyer?
Along with my old first sergeant and numerous NCO's who advised me to do so?
possibly?

The question marks indicate you aren't sure who told you that. Maybe it was one of those darned smoke pit warriors that got their law degree at adsep.

Maybe you didn't understand the question, let me try to rephrase it for you. Can you provide a REGULATION that will echo your claim?

According to [url=http://arba.army.pentagon.mil/adrb-faq.cfm]Army Review Board Agency[/url], you are all wrong. Let me know how that humble pie tastes.

[itaitab]

Yes I know what the regulation says.
But light shines through the cracks, I personally know people who have upgraded there dd214 with the same charges as me.
Do not be so quick to assume ink is permanent.

[ERAUPIKE]

Originally Posted by itaitab

Yes I know what the regulation says.
But light shines through the cracks, I personally know people who have upgraded there dd214 with the same charges as me.
Do not be so quick to assume ink is permanent.

That is simply not true, go tell your fairy tales somewhere else.

[itaitab]

Originally Posted by ERAUPIKE

That is simply not true, go tell your fairy tales somewhere else.

You wish it wasn't true don't you?
Get with the new times buddy. Your living in the 60's white America still.

[ERAUPIKE]

Originally Posted by itaitab

You wish it wasn't true don't you?
Get with the new times buddy. Your living in the 60's white America still.

Let me know how that humble pie tastes in six months. I think that "you're" not with the new times here. I like to exist in place known as reality, I'd like to welcome you whenever you get a dose of it soon.

[cyjeff]

I agree.

I have never personally known anyone that upgraded a 10 OTH for desertion.

Ever.

You may have heard stories. That is all they were. I am sure you know how the rumor mill sounds.

Maybe you don't.

Anyway, the army runs on coffee and gossip.