HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Military Law
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-08-2008, 08:44 PM
Junior Member
 
Join Date: Oct 2008
Posts: 7
Unhappy

Awol


My situation is complicated and so I need advice immediately. I went Awol from my AIT unit in Oct. 2006 after a lot of thought and consideration. I had already recieved my PCS paperwork to report to Ft. Bragg the following week, but I never knew it was going to turn out like this. I turned myself in a month later at Ft. Lewis in WA. They ordered me to return to Bragg, which I had never been there. Because it was the week of Thanksgiving and I would be spending it on a bus, I decided it wasn't worth it and went awol again. They told me at Lewis that I was never reported AWOL so I wouldn't get the discharge that I was seeking. 4 months later I reported to Ft. Sill in hopes of getting dishcarged. All was well and on it's way until I was told that i was going to be sent to Bragg because according to AR 630-10, anyone who goes AWOL from Ft. Bragg must return to Ft. Bragg. I didn't want to go because again they would not release me, so I took the plane from Oklahoma to Dallas, got off in Dallas and went home to houston instead of NC. I called AWOL Apprehension at Ft. Bliss where I originally went AWOL when I was 6 months pregnant, they told me that I wasn't reported as anything anywhere and I never had been. The only reason they knew I was gone was because I kept coming back. So, here I am with a 3 month old and don't know what to do. I have to get it taken care of as my boyfriend has just recently become a police officer and is worried about his career. I don't want to jeopardize that. So what do I do, who do I call? Can I talk to Jag and see what they can do? Will they help me? What about my Daughter? She can't stay here with him because of his work schedule so I don't know what to do with her. Please helpWhat is the name of your state (only U.S. law)?
Reply With Quote
  #2  
Old 10-08-2008, 10:41 PM
Junior Member
 
Join Date: May 2007
Posts: 14
Some people on this board will give sound advice but some try to scare you, in some respects some don't dont know ****.
In the end you might have to turn yourself in. From what I gather you have been gone for two years? I was kind of in the same boat only I was processed into a unit. Because in was in a unit they wanted me back. From what I read you haven't processed into your unit?
This is what could happen to you. You could get discharged from Ft Bragg. You could be sent to Ft Knox to be discharged. You could get a Court-martial, now dont let that scare you. You haven't been in the military for that long and you have a 3 month old child. Trust me, this kind of stuff plays a roll in what kind of sentence you get. The chances of this happening are slim to none in your case.
I never saw anyone in the Brig with your kind of case. Most of the people had been processed into a unit, spent time in the unit, went AWOL several times and had drug charges. You have never even been to your unit.
Find someone you trust to watch your kid and just go back. If you do, go to Ft. Sill which is what I did and they will fly you to Ft. Bragg.

Last edited by Dude; 10-09-2008 at 01:19 AM.
Reply With Quote
  #3  
Old 10-09-2008, 12:17 AM
Member
 
Join Date: Dec 2007
Posts: 497
After going AWOL from AIT you may have received an uncategorized discharge.
Reply With Quote
  #4  
Old 10-09-2008, 12:24 AM
Member
 
Join Date: Mar 2005
Posts: 643
There is no guarantee, but there are three magic words that may fit your situation:
"Discharge in absentia".

You don't have to report or be under military control to be separated. As a matter of policy, the services often set requirements to qualify for "separation in absentia" -- if they made it that easy for everyone, then more people would desert. And a lot of people change their minds and decide to stick it out once returned to military control. However, not everyone has to report back. Sometimes the military will just mail you your paperwork.

You should probably contact the military (you can try the local JAG office, but you may be better off phoning a specialist AWOL/desertion unit), explaining to them you've been absent since 2006 and now have sole custody of a minor you can not leave. Ask them specifically about "discharge in absentia" and cite:
AR 635-200 3-7(g) and
AR 635-200 2-15(1) as well as
AR 635-200 Chapter 14.
These regulations basically state that the Army can discharge in absentia ("not under military control") and outline some of the procedures. In your case, it sounds like as long as they get permission from someone with GCMCA (General Court Martial Convening Authority) you can be permitted to be processed in absentia. In other words, they'll have to ask some general. Your circumstances sound like it would be more trouble for the Army than it is worth if they tried to make you report.

I don't know how tight the Army is. If you were in the Navy or USMC, the fact that you have been gone over 1 year would probably automatically qualify you as per MilPersMan 1910-130. But, at any rate, there is a chance you can be separated without having to appear. You normally have to sign to agree to accept an "Other Than Honorable" characterization of discharge, and they mail you a package and that is it. Good luck.
Reply With Quote
  #5  
Old 10-09-2008, 01:16 AM
Junior Member
 
Join Date: May 2007
Posts: 14
The very first topic on this message board is a STICKY. It has the AWOL/DESERTER numbers to call. I've called them before. they will tell you your status.
Reply With Quote
  #6  
Old 10-09-2008, 08:33 PM
Junior Member
 
Join Date: Jul 2008
Location: pennsylvania
Posts: 29

Why did you join in the first place?


I am so sick and tired of people taking the OATH and then slapping They're Country in the back. It's not McDonald's, it's a COMMITTMENT! anyone AWOL is any idiot to me. I don't care what your excuse is. When my son returns from Iraq next week, after his third tour I'll be thinking about how PATHETIC you AWOL/DESERTER people really are. My son saved your butt, so you turn your back
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 10:05 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.