Deserter over 1 year

[RightAndWrong]

What is the name of your state? N/A

Alright, here goes...

Wait,....first off, if you plan on bashing or criticizing...don't waste your time please. Mainly I would like to hear from the more senior members like BadApple. Moving on....

I joined the Army in Sept. 2001, completed basic/ait/OSUT. I'm an 11B. I was sent to Ft. Lewis, Washington. 25th ID/ Stryker Brigade. Deployed to Iraq OCT 04 to OCT 05. Before leaving Iraq I made the choice to re-enlist right before returning back to the States, and yes I did recieve a nice bonus (unfortunately). Anyway, I ended up leaving Ft.Lewis in January of 2006 and have been AWOL/Deserter since. I was a Sgt/E-5 at the time. I was promoted before leaving Iraq a few months before.

I'm planning on returning to Military Control at the end of this week. I intend on going to Ft. Sill because that is the closest base to my current location. My unit was in Ft. Lewis, but was re-flagged and moved to Germany last year.

My question I guess would be...What can I expect upon return, being I was an NCO is punishment going to be much worse than that of lower enlisted or basic training guys? I also am unsure if Ft. Sill is the place for me to go? Since my unit is no longer CONUS will I be sent back to them for Court Martial or can that be handled here in the States? And finally, I'm assuming that I will get max confinement which I've heard is 1 year. Is that still accurate? Not sure if this makes a difference..my unit was NOT scheduled for redeployment or any kind of movement at the time I went awol.

I know that there are people that will say what I did was wrong and I'm a coward for leaving. Well, I would rather serve a year in jail than kill 1 more innocent person in an Illegal war. So before you start hating on me, understand I've been there, I know what goes on in Iraq and I cannot be a part of it any longer. For me, the things I/We did were morally and legally wrong. I've made my choice, I know the complications that this may or may not put on my future so please....do not preach to me.

Badapple, I'm really looking for a response from you sir. You seem to be the most knowledgeable and professional on this site. (ive been lurking here for a long time). All others are more than welcome to post HELPFUL info as well. If any other info will help, please let me know.

Thank you in advance for responses.
Respectfully,
RightAndWrong

[SHORTY LONG]

RightAndWrong, I too hope the Honorable Colonel will
share his expertise with your situation. Being a Vietnam
Vet, and for us that made it back, we sure could have
benefited much from such an astute Pirate; even though
were were out casted!

[holbieone]

find your unit sneak back in like nothing happened

no seriously, good to hear your going back maybe you should find a lawyer

[RightAndWrong]

If I could afford a lawyer I would get one, unfortunately I do not have the funds to retain an attorny. Can this make a big difference in what happens?

[cyberspook]

Originally Posted by holbieone

find your unit sneak back in like nothing happened

no seriously, good to hear your going back maybe you should find a lawyer

Ummm Uh. Great advice... I have a hemoroid do you think I shoud see a doctor?

[cyberspook]

Originally Posted by RightAndWrong

What is the name of your state? N/A

Alright, here goes...

Wait,....first off, if you plan on bashing or criticizing...don't waste your time please. Mainly I would like to hear from the more senior members like BadApple. Moving on....

I joined the Army in Sept. 2001, completed basic/ait/OSUT. I'm an 11B. I was sent to Ft. Lewis, Washington. 25th ID/ Stryker Brigade. Deployed to Iraq OCT 04 to OCT 05. Before leaving Iraq I made the choice to re-enlist right before returning back to the States, and yes I did recieve a nice bonus (unfortunately). Anyway, I ended up leaving Ft.Lewis in January of 2006 and have been AWOL/Deserter since. I was a Sgt/E-5 at the time. I was promoted before leaving Iraq a few months before.

I'm planning on returning to Military Control at the end of this week. I intend on going to Ft. Sill because that is the closest base to my current location. My unit was in Ft. Lewis, but was re-flagged and moved to Germany last year.

My question I guess would be...What can I expect upon return, being I was an NCO is punishment going to be much worse than that of lower enlisted or basic training guys? I also am unsure if Ft. Sill is the place for me to go? Since my unit is no longer CONUS will I be sent back to them for Court Martial or can that be handled here in the States? And finally, I'm assuming that I will get max confinement which I've heard is 1 year. Is that still accurate? Not sure if this makes a difference..my unit was NOT scheduled for redeployment or any kind of movement at the time I went awol.

I know that there are people that will say what I did was wrong and I'm a coward for leaving. Well, I would rather serve a year in jail than kill 1 more innocent person in an Illegal war. So before you start hating on me, understand I've been there, I know what goes on in Iraq and I cannot be a part of it any longer. For me, the things I/We did were morally and legally wrong. I've made my choice, I know the complications that this may or may not put on my future so please....do not preach to me.

Badapple, I'm really looking for a response from you sir. You seem to be the most knowledgeable and professional on this site. (ive been lurking here for a long time). All others are more than welcome to post HELPFUL info as well. If any other info will help, please let me know.

Thank you in advance for responses.
Respectfully,
RightAndWrong

No one here can really tell you what WILL happen. You have read other threads regarding this issue so I am betting you probably already know what you are in for.

They probably will Chapter you out with OTH or maybe a General (under honorable) if your service record is nice and tight.

Good luck and stay strong.

[RightAndWrong]

Up until I left, my Military record was perfect. Several AAM's and ARCOM's, CIB, Purple Heart, Airborne, Air Assault...blah blah blah. I never got in trouble, no negative counseling, no AR15's....nothing.

I have read ALL of the posts on this forum, unfortunately I havent found any by someone who was in the Army for any length of time. Most postings here from what I've see have been from new Privates or guys that never finished BT. I guess that's why I feel there will be a difference. I know of the resisters that went public and the sentences they recieved were all different. I believe there was a SSG that only recieved 3 months because of his Attorney. Also, does anyone know how restitution for my re-enlistment bonus will work?

Thanks again for the replies.

[cyberspook]

Originally Posted by RightAndWrong

Up until I left, my Military record was perfect. Several AAM's and ARCOM's, CIB, Purple Heart, Airborne, Air Assault...blah blah blah. I never got in trouble, no negative counseling, no AR15's....nothing.

I have read ALL of the posts on this forum, unfortunately I havent found any by someone who was in the Army for any length of time. Most postings here from what I've see have been from new Privates or guys that never finished BT. I guess that's why I feel there will be a difference. I know of the resisters that went public and the sentences they recieved were all different. I believe there was a SSG that only recieved 3 months because of his Attorney. Also, does anyone know how restitution for my re-enlistment bonus will work?

Thanks again for the replies.

Your military record being perfect has got to be of help to you.

Hopefully the good Colonel will weigh in on this.

I know it doesn't mean anything but I do hope this works out well for you. Having given that much of your life to the service should count for something.

[badapple40]

Originally Posted by RightAndWrong

What is the name of your state? N/A

<snip>

I ended up leaving Ft.Lewis in January of 2006 and have been AWOL/Deserter since. I was a Sgt/E-5 at the time. I was promoted before leaving Iraq a few months before.

I'm planning on returning to Military Control at the end of this week. I intend on going to Ft. Sill because that is the closest base to my current location. My unit was in Ft. Lewis, but was re-flagged and moved to Germany last year.

My question I guess would be...What can I expect upon return, being I was an NCO is punishment going to be much worse than that of lower enlisted or basic training guys? I also am unsure if Ft. Sill is the place for me to go? Since my unit is no longer CONUS will I be sent back to them for Court Martial or can that be handled here in the States? And finally, I'm assuming that I will get max confinement which I've heard is 1 year. Is that still accurate? Not sure if this makes a difference..my unit was NOT scheduled for redeployment or any kind of movement at the time I went awol.

I know that there are people that will say what I did was wrong and I'm a coward for leaving. Well, I would rather serve a year in jail than kill 1 more innocent person in an Illegal war. So before you start hating on me, understand I've been there, I know what goes on in Iraq and I cannot be a part of it any longer. For me, the things I/We did were morally and legally wrong. I've made my choice, I know the complications that this may or may not put on my future so please....do not preach to me.

Badapple, I'm really looking for a response from you sir. You seem to be the most knowledgeable and professional on this site. (ive been lurking here for a long time). All others are more than welcome to post HELPFUL info as well. If any other info will help, please let me know.

Thank you in advance for responses.
Respectfully,
RightAndWrong

Your story has been done already:

[url]http://en.wikipedia.org/wiki/Ehren_Watada[/url]

I would guess that, worst case, you are looking at a court martial for desertion with intent to avoid hazardous duty:

Article 85, UCMJ. Punishable by up to 5 years confinement, dishonorable discharge, and forfeiture of all pay and allowances.

There is some argument that this is a time of war. In that case, maximum punishment is death, dishonorable discharge, and full forfeitures.

OKAY, so thats the max.

I'd advise NOT making any kind of statement whatsoever about why you left, your position on the war, etc. Certainly the best evidence they will have to prove up desertion is the statement you make to hang yourself. I often say that people have the right, but often not the ability to remain silent.

Of course, if you didn't intend to stay away, but rather intended to return at some point, that would be a better thing for you.

so: show up, shut your mouth, give no statement about your AWOL/desertion, they'll probably send you back to your unit, and you'll probably be court martialed.

I'd expect you'll do 6 months or so confinement, BCD, and that'll be about it -- but in life there are no guarantees. They could decide to prosecute it as a death penalty case

[holbieone]

Originally Posted by cyberspook

Ummm Uh. Great advice... I have a hemoroid do you think I shoud see a doctor?

i didn't know one could give medical advise on this forum

if you keep your head out of there maybe they will go away

[RightAndWrong]

Thanks for the response badapple. Kind of what I expected from you I guess. You say they will most likely send me back to my unit for court martial? I didn't think that happened if they were overseas? I could be wrong. Also, You say desertion with intent to avoid hazardous duty...but I had just came back from hazardous duty and was not scheduled for any type of redeployment. Does that not matter? Either way. Thanks. If anyone would like to add anything else feel free. Don't jack the thread for BS though.

[holbieone]

Originally Posted by RightAndWrong

Thanks for the response badapple. Kind of what I expected from you I guess. You say they will most likely send me back to my unit for court martial? I didn't think that happened if they were overseas? I could be wrong. Also, You say desertion with intent to avoid hazardous duty...but I had just came back from hazardous duty and was not scheduled for any type of redeployment. Does that not matter? Either way. Thanks. If anyone would like to add anything else feel free. Don't jack the thread for BS though.

do you have any friends in the military that can ask question on your behave

i had a friend that was in a similar situation ,he got the pastor of his church to help ,he wasn't gone as long as you ,all he got was a few months jail and a less than honorable discharge

good luck

[Lightarms]

My roomate went awol for a year and a half to San Diego California and to Tihuuuaaana Mexico. He thought was going to jail when he decided to turn himself in. He showed up a couple months before we deployed and walked into the BN Commanders office and said "

"sir i know I ****ed up, and back now and ready to take responsibility for my actions even if that means going to jail. I came back because I want to go to Iraq with company"

I spoke on his behalf as well as my Platoon Leader talking about how he really is high speed soldier, 300 plus PT, never gets in trouble, never did anything wrong his entire enlistment up to that point. And that we want him back in.

So all he got was 14 days of extra duty for being awole for a year and a half. Which I think is almost unheard of. They didnt take his rank either. He stayed a E1 and was promoted up to SPC in less than a year while in Iraq. Now he is going for E5.

If you were a problem soldier in the unit before you went awol however most likely youll get a far worst punishment. But I read from a military website that like less than 5% of AWOL soldiers go to jail. Pretty much all of them get a Discharge. You should be ok