deserter from the army for 4yrs now.

[doe doe bird]

What is the name of your state (only U.S. law)? CO
I've been a deserter from the army since the birth of my second child. I am native american and I wish to turn myself in but I have no one to care for either of my 2 small children. I was awaiting a chapter 8 with my first pregnancy but it never happened, then with my second pregnancy I was still waiting. I wasn't put into military housing after I had my first child, I was living in a hotel on post, for 2 weeks then found out i was expecting again. I still wasn't put into military housing or receiving any bah or dependents pay. I was supporting myself and my infant on my pay which didn't help much. I was being wired money from friends and family members to support my infant at the time. The children's father was being deployed at the time and we didn't talk much due to his crazy work schedule. I was experiencing problems with my pregnancy so I left for a second opinion from my family doctor, because I knew something wasn't right. So I left and got the care I needed to give birth to a second healthy child. I had planned to return but my second child had complications with his breathing and heartbeats later after his birth. I stayed with him and from then on I couldn't leave his side along with my first child. I will turn myself in but I will not leave either of my children.
I know I was wrong but I also know as a single parent that I wasn't wrong. I know I could be a deserter for 10 years and still go back to my old unit and face my punishment but I returned and that is justified as awol not desertion under "article 86, even if they were away for ten years." I know it is up to my old unit to decide what will became of me but they didn't help with my first pregnancy nor my second. So I did what was best for me and my 2 children at the time, and they are my reasons for leaving but they are also my reasons for surrendering.
I just need alittle more advice.

 

[Marine Seagull]

AWOL is never the correct answer.

Sounds bad.
Your AWOL with no money, no help, and two kids and apparently you think it's not your fault.

The Army will prosecute you for your crimes.
Being AWOL for 30 days or more is a serious offense.
You may not think you meet the elements for being called a deserted but explaining four years of AWOL away sounds tough to do.

FYI the Army makes decisions all the time that would knock off my hat, who knows what they might take as an acceptable excuse. So the real advice here would be your going to have to fight the long fight if you think your innocent and had no choice other than to go AWOL.

Otherwise I think what will happen is, you will do a short period of time in the Army's custody when you will sign a pretrial agreement or separation in lieu of court martial and then get kicked out with a poor discharge characterization.

There is very little you can do to help yourself while in AWOL limbo except turn yourself in ASAP. Turning yourself in will also help refute any deserter charges if that is your a goal.

If your worried about a lawyer the Army will provide one for you but only after you have turned yourself in.

Your children may be taken into protective custody if you don't have a plan for them while your in custody.

 

[doe doe bird]

thanks.

FYI, I'M SURE I'll BE hung out to dry in front of my platoon. I don't care about what kind of discharge I am given, since in the first place I asked for a chapter 11 just so that they can get me out in 48hrs. but they decided that an honorable discharge was best but it wasn't, because if I didn't do what I had done I would be dead along side with my unborn child. If I had never left for a second opinion. Which is documented in my civilian files at that hospital where my child was born.
I am returning to my old unit which has once again changed its units named again. I am ready for anything they give me, since I am a live and both of my children are well raised and well taken off. I just can't fully leave them behind, they are my life's greatest accomplishment. They are my reason why I left and they are my reason why I am returning.
The sad thing about my mess is that both my boys understand that there are all kinds of possibilities for the outcome of situation that I had created for myself, that most likely serve jail time if no agreement has made but I will be alive and that's all that matters, because I will be coming back to them one day. The person I choose to care for them knows that if anything happens to either of my boys there will be hell to pay from me and their father, who also agrees on letting them take care of the boys since he is still enlisted and is deploying again for the 3rd time.
thanks for thee advice on my mess.

 

[ERAUPIKE]

What is the name of your state (only U.S. law)? CO
I've been a deserter from the army since the birth of my second child. I am native american and I wish to turn myself in but I have no one to care for either of my 2 small children.

I made the irrelevant part bold. So we are starting this post out with a problem. You want so badly to turn yourself in but there is no one on earth that could watch your children while you straighten out your life. Got it. I'm guessing you will follow this up with all the reasons your exodus from voluntary duty was justified. Here we go.

I was awaiting a chapter 8 with my first pregnancy but it never happened, then with my second pregnancy I was still waiting.

Why weren't you more proactive in getting the Chapter 8 dscharge pushed through?

I wasn't put into military housing after I had my first child, I was living in a hotel on post, for 2 weeks then found out i was expecting again.

Just because you get pregnant, doesn't mean you have to have the baby.

I still wasn't put into military housing or receiving any bah or dependents pay. I was supporting myself and my infant on my pay which didn't help much.

Did you request to be put in housing. Did you use your chain of command to address the problems you were having getting benefits you are entitled to? Did you not know how much money you were going to be making before you decided to have the child?

I was being wired money from friends and family members to support my infant at the time.

None of these people can watch your children now though, right?

The children's father was being deployed at the time and we didn't talk much due to his crazy work schedule. I was experiencing problems with my pregnancy so I left for a second opinion from my family doctor, because I knew something wasn't right.

He didn't help support you and he can't watch the children while you are taking care of your business either, right?

So I left and got the care I needed to give birth to a second healthy child. I had planned to return but my second child had complications with his breathing and heartbeats later after his birth.

That care wasn't available at the hospital near your duty station?

I stayed with him and from then on I couldn't leave his side along with my first child. I will turn myself in but I will not leave either of my children.

You are really in no position to dictate what you will or will not do.

I know I was wrong but I also know as a single parent that I wasn't wrong.

No, it was completely responsible of you to leave a job that provided full medical benefits for your entire family.

I know I could be a deserter for 10 years and still go back to my old unit and face my punishment but I returned and that is justified as awol not desertion under "article 86, even if they were away for ten years."

That isn't true. There are three elements that establish the charge of desertion, military courts only need to prove two. One of them is being returned to military custody by civil authorities.

I know it is up to my old unit to decide what will became of me but they didn't help with my first pregnancy nor my second.

That isn't true. It really depends on how long you have been AWOL.

So I did what was best for me and my 2 children at the time, and they are my reasons for leaving but they are also my reasons for surrendering.
I just need alittle more advice.

Find someone to watch your kids and take care of this mess. It isn't going to just disappear.

 

[Marine Seagull]

FYI, I'M SURE I'll BE hung out to dry in front of my platoon. I don't care about what kind of discharge I am given, since in the first place I asked for a chapter 11 just so that they can get me out in 48hrs. but they decided that an honorable discharge was best but it wasn't, because if I didn't do what I had done I would be dead along side with my unborn child. If I had never left for a second opinion. Which is documented in my civilian files at that hospital where my child was born.
I am returning to my old unit which has once again changed its units named again. I am ready for anything they give me, since I am a live and both of my children are well raised and well taken off. I just can't fully leave them behind, they are my life's greatest accomplishment. They are my reason why I left and they are my reason why I am returning.
The sad thing about my mess is that both my boys understand that there are all kinds of possibilities for the outcome of situation that I had created for myself, that most likely serve jail time if no agreement has made but I will be alive and that's all that matters, because I will be coming back to them one day. The person I choose to care for them knows that if anything happens to either of my boys there will be hell to pay from me and their father, who also agrees on letting them take care of the boys since he is still enlisted and is deploying again for the 3rd time.
thanks for thee advice on my mess.

Your not getting it (understanding). Your old platoon is no more, the Army did not stop just because you deserted. Those people you remember have moved on been promoted or discharged I doubt anybody will know you when you return after four years. And if they do remember you they surely won't put themselves in a bad light by hanging out with people that are not with the program.

You should care about your discharge characterization as it will follow you for the rest of your life. And if you get a poor discharge characterization you should care that much more.

I will tell you right now your decisions to go AWOL have only hurt your kids. So this excuse "I did it for my kids" is never going to fly. Even if you say it's a life or death matter it's not believable.

In the future when your feeling bad about your discharge and decide to send an application to the ADRB, don't think they will be fooled either.