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  1. #1
    mclover is offline Junior Member
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    Exclamation AWOL Army National Guard

    What is the name of your state? La.
    In Sept. 05 my son was in IET for the Army National Guard at Ft. Leonard Wood. He blew out both knees during training but instead of waiting for a medical discharge, he chose to desert. Now, 1 1/2 years later he was stopped for a traffic violation and arrested on a Federal warrant. He made a shortsighted, misguided choice in walking away and it has come back to haunt him. This is his chance to work it out and get on with the rest of his life. Does anyone have any advice on what his next step should be?What is the name of your state?
  2. #2
    SHORTY LONG is offline Senior Member
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    Quote Originally Posted by mclover View Post
    What is the name of your state? La.
    In Sept. 05 my son was in IET for the Army National Guard at Ft. Leonard Wood. He blew out both knees during training but instead of waiting for a medical discharge, he chose to desert. Now, 1 1/2 years later he was stopped for a traffic violation and arrested on a Federal warrant. He made a shortsighted, misguided choice in walking away and it has come back to haunt him. This is his chance to work it out and get on with the rest of his life. Does anyone have any advice on what his next step should be?What is the name of your state?
    What do you mean by "does anyone have any advice on what his next step should be?" What are you asking? He has been arrested correct? If has not been returned to Army custody yet, then, wherever he is being held at, the Army will make arrangements to get him. From there, it will be entirely up to the Army in what they do with him. He will be appointed a JAG Officer/Lawyer sooner or later. Again, it all depends on what the Army wants to do with him; and whither he wants to try and salvage his enlistment or be discharged. If he chooses not to try and stay in, then, he will be given an Other than honorable Discharge by way of a Court-Martial or Administratively. Either one of these types of discharges has lifelong consequences to flow from them. You can do a search on the consequences of an other than honorable discharge; or less than a honorable discharge.
    Last edited by SHORTY LONG; 06-10-2007 at 06:11 PM.
    Ecc 7:1 A good name [is] better than precious ointment; and the day of death than the day of one's birth.

    "There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008

    Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
    to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways!
  3. #3
    Fl_renter is offline Member
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    So 1.5yr later he wants to "work it out" and only because he was arrested?

    His next step will be determined by the Army, he won't have any say in what happens to him. Hopefully, he will get some time in the brig before they give him an other than honorable discharge.
  4. #4
    rppearso is offline Member
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    Wow, what a nice wife to say he should get hard time when he broke both his knees, it seems even military spouces are heartless, anyways wow, not only has my long standing disrespect for the military went down it now applies to the families of military.

    Anyhow, if he has a JAG that is worth a crap he may be able to bring up alot of mitigating factors, since the injury occured in basic it would surely mean being recycled or put into a hold over platoon for an indefinate amount of time and being treated subhuman that entire time, with no hope of graduation from basic he probably felt that AWOL was his only option to keep from being in a degrading and hostile enviornment with a substantial injury. I was in the military and I injured my right ankle and was thinking about how I was going to get out of hell with an injured anckle, but God is good and he delivered me from my living nightmare, I graduated on time and disenroled myself from OCS when I got back to the guard (since after basic I was no longer under the UCMJ).

    Here are a few articles about the PTRP at basic training, if you have a good lawyer you should have no problem getting a admin discharge, also dont forget to involve your congressman. I dont really care what this navy wifes opinion is, as far as im concerned she is just as dishonorable as her husband. Anyone who says someone should serve time for refusing abuse is dishonorable.

    [url]http://onlyvolunteers.blogspot.com/2006/02/cadre-at-fort-sill-ptrp-thinks-abuse.html[/url]

    [url]http://www.onlyvolunteers.blogspot.com/[/url]
  5. #5
    MD425 is offline Junior Member
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    It's unbelievable that some think desertion is ok? Last I remember, during wartime, maximum penalty for desertion is the death sentence. Sounds pretty serious to me. They have not handed out that penalty in over half a century, so I would not worry.

    Your son went from a possible medical discharge, with benefits, to facing a criminal charge. There might be mitigating circumstances, but he'll be lucky if he gets a less than honorable discharge.
  6. #6
    rppearso is offline Member
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    The treatment at the militarys PTRP is a huge mitigating factor not to mention his mental state of mind at the time. He is not going to get the death penalty and is likely not even going to serve time (there are a whole slew of reasons that wont happen, total democratic control of the entire government is one and massive military budget cuts and base closures), he may get an OTH but there is likely enough mitigating factors to get a admin discharge, and he will get VA benifits regardless of his discharge type for the injurys he incured in basic just make sure to get his medical paper work from the training base, if he has an OTH he wont be able to get any other treatment but the military is obligated to fix what it broke. Having an OTH through life is an inconvience but not as dreadfull as people make is sound.

    [url]http://www.finaid.org/military/veteranstatus.phtml[/url]

    It is also unlawful to discriminate for employment purpouses bases on military discharge type, just make sure that the discharge is not due to a security breach or it may impact getting a security clearance later on.
  7. #7
    boomer3d2d is offline Junior Member
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    Congressional?

    Quote Originally Posted by rppearso View Post
    also dont forget to involve your congressman.
    Why? What does everyone think their congressman is going to do? Rep Joe Smoe isn't going to want to save a deserter from the judgment of the Department of Defense!

    Of the number of times a soldier has written to his Congressman to plead for his individual release from the law, I have seen exactly none satisfied.

    Why didnít his loved ones help him to do the right thing in the intervening 36 months?
  8. #8
    rppearso is offline Member
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    Also its not possible to be "AWOL" from the national guard unless you are "federalized" national guard does not fall under the UCMJ, so while you may be gone with out permission you can not be prosecuted under the UCMJ as being "AWOL". So the big question is what if you have been gone without permission for a long time and your unit is "federaliazed" could you be considered "AWOL"?
  9. #9
    DRTDEVL is offline Member
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    Quote Originally Posted by rppearso View Post
    Also its not possible to be "AWOL" from the national guard unless you are "federalized" national guard does not fall under the UCMJ, so while you may be gone with out permission you can not be prosecuted under the UCMJ as being "AWOL". So the big question is what if you have been gone without permission for a long time and your unit is "federaliazed" could you be considered "AWOL"?
    That's the biggest crock I have ever heard!

    The OP's son was in Basic Training! This is DEFINITELY a case where the UCMJ applies.

    I'll double-check with my sister (AGR NCO), but I believe the National Guard ALSO falls under the UCMJ, no matter if federalized or not.

    It is also unlawful to discriminate for employment purpouses bases on military discharge type
    Also BS!

    Any employer can refuse an applicant based on an OTH or BCD, plain and simple. This shows evidence of non-conformity to a proper business environment.

    Go ahead... Prove me wrong...
  10. #10
    rppearso is offline Member
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    This article applies to a single state and is up to each state to implement but I have seen it for numerous other states as well (takes about 10 sec to find on google). If you have a bonified dishonorable discharge where a full court martial was invoked that would be equivalent to a fellony in the civilian world this would not nessicarily apply. In other words if you racked up alot of article 15s for disrespect to an NCO and they court martialed you that does not translate to a hill of beans in the civilian world but if you tripped out on acid and robbed a liquor store and were court martialed it would affect your employability.

    [url]http://www.ilga.gov/commission/jcar/admincode/056/05602510sections.html[/url]

    As for the UCMJ: general provisions 802 article 2 a3 UCMJ
    So yes since he went AWOL in basic he may fall under the UCMJ, its best just to finish basic then leave if you are in the national guard which is what I did.

    [url]http://www.au.af.mil/au/awc/awcgate/ucmj.htm#SUB%20CHAPTER%201.%20GENERAL%20PROVISIONS[/url]

    I respect your restraint for not talking to much out of your a** just becasue you dislike my opinion.
    Last edited by rppearso; 06-15-2007 at 06:50 PM.
  11. #11
    SHORTY LONG is offline Senior Member
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    Quote Originally Posted by rppearso View Post
    This article applies to a single state and is up to each state to implement but I have seen it for numerous other states as well (takes about 10 sec to find on google). If you have a bonified dishonorable discharge where a full court martial was invoked that would be equivalent to a fellony in the civilian world this would not nessicarily apply. In other words if you racked up alot of article 15s for disrespect to an NCO and they court martialed you that does not translate to a hill of beans in the civilian world but if you tripped out on acid and robbed a liquor store and were court martialed it would affect your employability.

    [url]http://www.ilga.gov/commission/jcar/admincode/056/05602510sections.html[/url]

    As for the UCMJ: general provisions 802 article 2 a3 UCMJ
    So yes since he went AWOL in basic he may fall under the UCMJ, its best just to finish basic then leave if you are in the national guard which is what I did.

    [url]http://www.au.af.mil/au/awc/awcgate/ucmj.htm#SUB%20CHAPTER%201.%20GENERAL%20PROVISIONS[/url]

    I respect your restraint for not talking to much out of your a** just becasue you dislike my opinion.
    rppearso I do not know what planet you are from, but here on earth, you will find any professional legal employment that amounts to anything nil to none with anything less than a full Honorable Discharge. Hell, even those who have General's under Honorable still have some trouble. To further enlighten you, I have a BCD and numerous positions that I was more than qualified for, I was denied. And know you can not sue any of them for not hiring you; the Court would summarily dismiss the case, and possibly impose sanctions under the Federal Rules: Rule 11.

    Lastly, get a dictionary, your grammar in spelling is that of a second grader.
    Ecc 7:1 A good name [is] better than precious ointment; and the day of death than the day of one's birth.

    "There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008

    Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
    to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways!
  12. #12
    rppearso is offline Member
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    Its your own fault for not pursuing legal action for discharge type discrimination, if you were extended a job offer and it was revoked based on a basic back ground check you would have a very solid discrimination case (unless you were convicted of being a drug dealer in addition to the OTH then you wont be able to prove if it was the OTH or the felony conviction. You apparently did not even read the link I provided and then shot out unwarrented flames from the hip but thanks for trying, next time post something factual and not just the fact that you refused to push a lawsuit and made up an excuse as to why you did not, how do you know it would be summarly dismised, if you back up your case and its illigeal for them to discriminate thats a case. I would just sue for a bunch of money due to the fact that if you start working there based on the suit they will be looking for reasons to fire you and proving retaliation is a little harder to do. Also just because you were qualified for a job and dident get it does not mean they dident hire you because of your BCD there may have been somebody that was a drinking buddy with the boss (and had enough qualifications to meet the job requirements), I would say thats the more likely scenario. Anyways if you want to throw unwarrented flames it will just make you look stupid.

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