being UA and miss ship movement

[borenoi26]

What is the name of your state (only U.S. law)? GA..
i gotta a question about being UA and Miss ship movement...when you UA for more than 90 days and miss ship movement overseas what is the punishment you are facing,are they gonna send you back to the ship or keep you in TPU til the ship come back or you gonna do brig time and the base gonna process you out?
and if your LES stopped are u gonna get back pay or it just gonna restart when you check back on base or on the ship.
i m asking those questions because one of my friend is UA and he asked me some questions that i cant figure it out.

[ERAUPIKE]

Originally Posted by borenoi26

What is the name of your state (only U.S. law)? GA..
i gotta a question about being UA and Miss ship movement...when you UA for more than 90 days and miss ship movement overseas what is the punishment you are facing,are they gonna send you back to the ship or keep you in TPU til the ship come back or you gonna do brig time and the base gonna process you out?
and if your LES stopped are u gonna get back pay or it just gonna restart when you check back on base or on the ship.
i m asking those questions because one of my friend is UA and he asked me some questions that i cant figure it out.

The answer to your first question is yes, any one of things is possible and no one can predict the outcome of that sailors particular situation. There will absolutely not be any back pay for the time that individual spent UA and it may take a little while for it to restart after their return.

[kutty2009]

In the navy it usually is a captain's mastable offense with up to 60 restriction, 60 days extra duty, and 1/2 a months pay garnished for two months.

With any captains mast though...they like to throw in extra charges..so if it was because you were just UA to appointed time and place, then they throw in Art. 86 as well (UA/AWOL)..and then Art 92 as well (Disobeying a Lawful Order). If there is Alcohol involved as well it takes the whole thing up a notch. They throw on the catch all article (134) and then the whole thing becomes an alcohol related incident which you only get two in you whole career if your lucky...but it does give the captain the right to kick you out on the spot.

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[ERAUPIKE]

Originally Posted by kutty2009

In the navy it usually is a captain's mastable offense with up to 60 restriction, 60 days extra duty, and 1/2 a months pay garnished for two months.

With any captains mast though...they like to throw in extra charges..so if it was because you were just UA to appointed time and place, then they throw in Art. 86 as well (UA/AWOL)..and then Art 92 as well (Disobeying a Lawful Order). If there is Alcohol involved as well it takes the whole thing up a notch. They throw on the catch all article (134) and then the whole thing becomes an alcohol related incident which you only get two in you whole career if your lucky...but it does give the captain the right to kick you out on the spot.

It is absolutely an offense that will bring this individual to an NJP at the least. The maximum depends on the rank of the commanding officer overseeing the NJP. You are correct that at an admirals mast one can receive 60/60 and 1/2 months pay x2. If the individual is not attached to a carrier then the maximum punishment is 45/45 and 1/2 months pay x2. The command also has the option of referring the case to court martial, which is very likely in a case like this. The maximum punishment in a special court martial is one year confinement, one year of 2/3 pay, and an OTH discharge. The maximum isn't probable but your "friend" will almost undoubtedly receive a discharge either way.

[objetora]

If your friend is seeking a discharge, he should know that the Navy is very consistent about UAs who stay out 120 days or more and the Navy has not typically brought absentees to trial for missing movement or desertion. Such charges have almost always been handled in one Discharge in Lieu of Trial administrative separation (Other Than Honorable). While in many cases the Navy could bring such charges, it has consistently chosen otherwise, making these charges a low risk. One can NEVER say "NO risk", but yes, low risk.

Please DO NOT MISINTERPRET this post as ADVOCATING that someone go UA or remain UA, it is simply a STATEMENT OF OBSERVATIONS of Navy policy in many cases.

Susan