Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Military Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Closed Thread
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-08-2006, 03:48 AM
Junior Member
 
Join Date: Jan 2006
Posts: 14

AWOL As an E5


I'm an E-5/Sgt in the Army. Have been in for 4 years and re-enlisted several months ago for another 4 years. I have some personal problems going on right now as well as some issues at work and I'm considering going Awol. I'm just curious as to what the consequences are for an E-5 with that much time in? Most of the posts I see on here are all from brand new privates. Any advice or knowledge in this matter would be appreciated.
  #2  
Old 01-08-2006, 10:18 AM
Senior Member
 
Join Date: Oct 2005
Location: Tennessee
Posts: 3,783
Send a message via Yahoo to acmb05

If you go AWOL


Quote:
Originally Posted by confuzed
I'm an E-5/Sgt in the Army. Have been in for 4 years and re-enlisted several months ago for another 4 years. I have some personal problems going on right now as well as some issues at work and I'm considering going Awol. I'm just curious as to what the consequences are for an E-5 with that much time in? Most of the posts I see on here are all from brand new privates. Any advice or knowledge in this matter would be appreciated.
When you are caught you will be courtmartialed. Depending on how long you are gone wild depend on the type of article 15 they give you. Usually if it is less than a month you will get a Company grade and be knocked down to private again and lose 1/2 of your pay anywhere from 3 to 6 months, Be confined to barracks for a length of time and be barred from re-enlistment next time.

On the other hand you can request counseling and also request a change of duty station. This may solve your problem at work and the counseling will hopefully help you with your other problems.
  #3  
Old 01-08-2006, 10:58 AM
Senior Member
 
Join Date: Sep 2004
Posts: 1,498
Come on, get real acmb05. An article 15 is NOT the same thing as a court-martial.

I would advise not going AWOL as a NCO. You more than likely facing a special court martial, authorized to adjudge a BCD upon your return. That is also up to 1 year confinement.

Army regs provide for hardship discharges. You need to look into that and all other options before you even contemplate AWOL.
__________________
The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.
  #4  
Old 01-08-2006, 02:06 PM
Senior Member
 
Join Date: Oct 2005
Location: Tennessee
Posts: 3,783
Send a message via Yahoo to acmb05

my bad


Quote:
Originally Posted by badapple40
Come on, get real acmb05. An article 15 is NOT the same thing as a court-martial.

I would advise not going AWOL as a NCO. You more than likely facing a special court martial, authorized to adjudge a BCD upon your return. That is also up to 1 year confinement.

Army regs provide for hardship discharges. You need to look into that and all other options before you even contemplate AWOL.
It was early I did not realize I put that in there like that.
  #5  
Old 01-08-2006, 03:01 PM
Junior Member
 
Join Date: Jan 2006
Posts: 14
Some soldiers in my unit found out about my "orientation" and I have been getting threat letters on my truck. It's only been a day but I really can't go back to work with everyone knowing this about me now. That would be the reason for leaving. I figured once I turned myself in that I would tell them why I left and I would get discharged for that instead.
  #6  
Old 01-08-2006, 03:03 PM
Senior Member
 
Join Date: Sep 2004
Posts: 1,498
Quote:
Originally Posted by confuzed
Some soldiers in my unit found out about my "orientation" and I have been getting threat letters on my truck. It's only been a day but I really can't go back to work with everyone knowing this about me now. That would be the reason for leaving. I figured once I turned myself in that I would tell them why I left and I would get discharged for that instead.
Why don't you tell your command that you are a homosexual -- that WILL get you discharged (after it is investigated). Also, tell them you are being threatened, those threatening will be given no contact orders.
__________________
The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.
  #7  
Old 01-08-2006, 03:05 PM
Junior Member
 
Join Date: Jan 2006
Posts: 14
Things like that don't go over to well in an infantry unit. I wouldn't want to be around the commander when he found out either.
  #8  
Old 01-09-2006, 08:20 PM
Member
 
Join Date: Aug 2005
Posts: 37

My .02 cents...


I did the deal right after I graduated basic, so I'm not in your shoes...however, I can relate a coupld of things I have noticed -

1. We had a private that had the same "orientation". People found out, the garbage began, so he fessed up and told the commander. He had a "partner" with him in basic apparently. Anyway, the CC and 1st. Sgt. made them kiss in front of them, which they did, and they both got their ELS. (Obviously I wasn't there when it happened, I was told by this person who went through it...so take it for what it's worth)

2. When I went awol and turned myself in to Ft. Sill, there was an E5 that turned himself in as well. He was in for 4 years, his ETS was in 32 days of turning himself in. (he left because he did 1 tour in Iraq and didn't want another) As badapple always states, nothings a given, but he was there for 5 days and shipped home with good ole' OTH.

Hope this helps.
  #9  
Old 01-09-2006, 10:39 PM
Junior Member
 
Join Date: Jan 2006
Posts: 14
Thanks for the reply. If the CO and 1sg made them do that, I believe that is definately illegal. Not that it matters. That E5 may have just recieved an oth because he was so close to his ETS, I'm 3 years and some change away from that. Can't get ahold of anyone at GI rights to find out any info. If anyone else has some knowledge, post it up. Thanks
  #10  
Old 01-10-2006, 09:21 AM
Senior Member
 
Join Date: Sep 2004
Posts: 1,498
Again, report your orientation to the base legal office or your CO. If you've already been "outed," what the heck does it matter?
__________________
The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.
  #11  
Old 01-10-2006, 09:35 AM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
Quote:
Originally Posted by confuzed
I'm an E-5/Sgt in the Army. Have been in for 4 years and re-enlisted several months ago for another 4 years. I have some personal problems going on right now as well as some issues at work and I'm considering going Awol. I'm just curious as to what the consequences are for an E-5 with that much time in? Most of the posts I see on here are all from brand new privates. Any advice or knowledge in this matter would be appreciated.
Did you get a reenlistment bonus?
__________________
I am not an arborist.
  #12  
Old 01-10-2006, 09:03 PM
Junior Member
 
Join Date: Jan 2006
Posts: 14
Yes I did recieve a re-enlistment bonus of $10,000. That's one of my main concerns as to what will happen. Also, If I'll make it worse on myself by going awol, and then telling them the situation.
  #13  
Old 01-10-2006, 11:08 PM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
Quote:
Originally Posted by confuzed
Yes I did recieve a re-enlistment bonus of $10,000. That's one of my main concerns as to what will happen. Also, If I'll make it worse on myself by going awol, and then telling them the situation.
More than likely you will have to pay it back, however since you did not out yourself and someone else did, if you go to your CO or JAG like Badapple said, you may get your discharge and may not have to repay the bonus. I used to work with someone years ago before DADT and the same thing happened and he got his discharge and eventually got to keep the bonus. Don't go AWOL.
__________________
I am not an arborist.
  #14  
Old 01-11-2006, 11:33 AM
Member
 
Join Date: May 2005
Posts: 53

go awol hommie


come on man, if you want out, then do it. i promise ya, it'll b tha time of your life dude. jus do it dude
  #15  
Old 01-11-2006, 12:55 PM
Senior Member
 
Join Date: Sep 2005
Location: O~HI~O
Posts: 1,986

confused AWOL As an E5


Contrary to those who think that awol is not an offfense: "Be advised, the longer you remain absent without leave, the stiffer the consequence will be." Also, if a court-martialed is involved and you could receive a bcd, brig time, pay forfiture and busted in rank; and so we are clear, "a bcd is a federal felony conviction; and awol are offenses against our own Country, the USA." How I know this, is because i have one and was never informed in a scintilla of what i just shared with you!
Closed Thread



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

All times are GMT -5. The time now is 01:49 PM.



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.