Awol/dfr

[cdeery01]

Ok so heres the situation, since April i have been tryin to get a hardship chapter. I needed the chapter b/c i have no one to care for my small child. My husband has an open dcyf case and can not be unsupervised with his daughter, furthermore i am getting divorced. So my mom was caring for my daughter and finding it difficult to continue doing so. That is when i went to the commander of my battalion and told her of my circumstances. I submitted numerous documentatios from dcyf, from my moms work, and i even got a letter from the chaplain recommending a discharge, however the hardship discharge was still denied and that was months later.(like in june) I had to b home by july or i was going to loose my child, and they refused to chapter me stating that i was too good of a soldier, so i went AWOL. I am almost DFR right now, and am wondering what i should do?

[objetora]

When you say that you're "almost DFR", I think that you may mean that you are almost 30 days absent. DFR does not go by calendar days: your CO is supposed to submit the paperwork to the Deserter Information Point at or around 30 days, but then the DIP needs to process it. The whole process, from going AWOL to DFR typically takes about 45 days, with 60 not unusual and 90 not unheard of (and some people seem to slip through the cracks and never get DFR). Unfortunately, you no longer can simply call the DIP to get that information for yourself. There are a number of ways to get it that are suggested in the article "AWOL from the Army" starting on page 3, available at:

[url]http://nlgmltf.org/onWatch/Onwatch_xx-3_Jan_Feb_2009.pdf[/url]

Permanent party soldiers are not as likely to get a simple Chapter 10 at Ft. Sill or Ft. Knox as those who go AWOL from basic or AIT (unless th permanent party soldier is stationed OCONUS). Your hardship situation may help you, though. It would be very important to bring a copy of the application and the documentation with you when you turn yourself in. There is more information on such "mitigating circumstances" starting on page 10 of the article cited above.

[ERAUPIKE]

I would like to correct that, you are almost a deserter. If you were eligible for a hardship discharge, you would have gotten one. You can expect to be discharged and face the repercussions of your actions for years to come.

[objetora]

Originally Posted by ERAUPIKE

I would like to correct that, you are almost a deserter. If you were eligible for a hardship discharge, you would have gotten one. You can expect to be discharged and face the repercussions of your actions for years to come.

It is important to understand the difference between "deserter status" and being charged with the "crime of desertion".

1. Deserter status is an administrative classification, typically occurring after 30 days absence. Deserter status does not imply the crime of desertion (nor does the absence of deserter status imply that you have *not* committed the crime of desertion).

2. The "crime of desertion", as specified by Article 85 of the UCMJ is:

(1) without authority going or remaining absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;
(2) quitting his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

Note that this requires "intent". So you can be absent an hour and commit the crime of desertion (for example, if you skipped out in a hazardous duty situation) or you can be absent for a year and not commit the crime of desertion (if you didn't have the intent to stay away indefinitely or to avoid hazardous or important duty).

That's why the hardship documentation (and denial of leave to get one's child, etc.) is so important: it explains the intent of the absence.

[ERAUPIKE]

Originally Posted by objetora

It is important to understand the difference between "deserter status" and being charged with the "crime of desertion".

1. Deserter status is an administrative classification, typically occurring after 30 days absence. Deserter status does not imply the crime of desertion (nor does the absence of deserter status imply that you have *not* committed the crime of desertion).

2. The "crime of desertion", as specified by Article 85 of the UCMJ is:

(1) without authority going or remaining absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;
(2) quitting his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

Note that this requires "intent". So you can be absent an hour and commit the crime of desertion (for example, if you skipped out in a hazardous duty situation) or you can be absent for a year and not commit the crime of desertion (if you didn't have the intent to stay away indefinitely or to avoid hazardous or important duty).

That's why the hardship documentation (and denial of leave to get one's child, etc.) is so important: it explains the intent of the absence.

Whatever the intent of the absence was, her crime is not excused. Her story will fall on deaf ears and likely only further agitate her already extensive problems.

[patriotam22]

Originally Posted by ERAUPIKE

I would like to correct that, you are almost a deserter. If you were eligible for a hardship discharge, you would have gotten one. You can expect to be discharged and face the repercussions of your actions for years to come.

stop posting, thanks

[ERAUPIKE]

Originally Posted by patriotam22

stop posting, thanks

I will not, you are welcome.