e-5/NCO about to go AWOL

[Ready2Bail]

Dear Sir/Mam,
I have a question reguarding military law. I am an E-5 in the Army and enlisted from another service. I have been active duty Army since July. Long story short, I have made a huge mistake. My question is, am I eligible for an entry level seperation, and if not what is the max penalty (realistically, besides death) that i would face if I was to go AWOL/Desertion? Has anyone been to the PCF and there were NCOs there?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[PJ Weber]

My question is, am I eligible for an entry level seperation

Unlikely as that is primarily for initial entry trainees

You've been in five months . . . do not judge it so quickly

You wanted the Army, you got the Army

Expect them to put up a fight, don't look for an early discharge

Worst thing to do is AWOL & Desertion . . . it will destroy everything you have worked
hard to earn

Is it worth it ?

 

[dolebot]

Do they still do the DAPA level 3 stuff? Go on a bender and end up in the hospital. DAPA will interview you and if you refuse treatment your DD-214 says: Alcohol Rehabilitation Failure - general under honorable conditions.

 

[bbr2]

Former JAG

Ready2Bail,

I would not recommend that you go AWOL. I spent 7+ years as an active duty JAG in the Army. My entire time was spent doing criminal law at the trial and appellate level. Send me a PM if you want to talk about your options...

 

[Peligroso27]

Do they still do the DAPA level 3 stuff? Go on a bender and end up in the hospital. DAPA will interview you and if you refuse treatment your DD-214 says: Alcohol Rehabilitation Failure - general under honorable conditions.

Thats just horrible and irresponsible advice. Please refrain from posting here again.

 

[Ready2Bail]

Gone

Well i have gone awol and have been for a week now. I didnt explain all the way about my situation. I joined the army after being out of the military for 6 years. I was in the navy and made it to e5. The army retained that rank. I did have to go to basic again so I technically am entry level. When I left I was still in training and have not been to an actual unit yet. I would just like to know the best course of action to ensure a discharge with the least amount of collateral damage. I know there will be some but hoping all in all to not have a felony conviction on my record. Anything else I can deal with

 

[Peligroso27]

There is no way to tell what the future may hold but yours is not looking too bright. You made a life altering mistake and you will continue to pay for it until the day you die. You have dishonored yourself, your family name, and the country you swore to protect. I hope you realize this will only be the first of a long line of failures to come. I hope you don't get the guts to turn yourself in and get caught. It will be much worse for you.

 

[Ready2Bail]

Legal Advice

I can understand people having an opinion about those who make the decision to go awol. Hoewever, this site is designed for people to obtain legal advice not moral as there is a difference. There are countless reasons people make the decision that I have made and they are our decisions and until you are in the situation that I am in I would ask that you judge me silently.

 

[Peligroso27]

If you are looking for an easy way out, you came to the wrong place. There is no way to predict what the military will do with you. The simple fact remains that although the UCMJ is considered law, unless you receive a CM you are not subject to any judicial proceedings. NJP or Article 15's are subject to regulations but give the Commanding Officer who is not technically a legal entity a lot of wiggle room to punish you properly. The moral advice as you call it is just the cold hard truth. My personal judgments of you and your character have been left out of this forum because they are not needed. Whatever your situation may have been, nothing is worth the negative consequences you are going to endure the rest of your life. Again, I hope you continue on this path and get caught. It will be a little bit of justice served for all those who stuck it out and served honorably, like myself. Unless you need real legal advice please refrain from posting.

 

[NukeMM]

I'm not sure if the army will deal with you the same way the navy did with me but basically I was an E-4 and I went AWOL greater than 180 days, after that your unit or command is suppose to drop you from their rolls and send your records to the primary personnel command for that branch, that way your command can't just pull you back and discipline you themselves forcing you to stay in. They will tell you that they want to send you to court-martial for desertion, but as long as you can prove intent to return you are not a deserter. They will most likely offer you a bargain in which you take an OTH discharge in lieu of going to court-martial. I discussed it with a JAG at the base and took it. I'm working on a DD form 293 currently which is a request to get your discharge upgraded. I suggest not turning yourself in to a training command they don't seem to give much of a chance to explain your situation they just want you out processed asap it took about a month for me from the day I arrived to the day I was discharged, but that was due to my records being on my ship which was in the med.. I hope some of that helps

 

[Peligroso27]

On a side note, upgrading your discharge is not possible unless you can prove one of two things:
1) You were given an OTH in error
2) You were unjustly given an OTH

You made a life altering mistake and you will continue to pay for it until the day you die. You have dishonored yourself, your family name, and the country you swore to protect. I hope you realize this will only be the first of a long line of failures to come. I hope you don't get the guts to turn yourself in and get caught. It will be much worse for you.

 

[NukeMM]

There is not way will will continue to pay for this until the day you die except from the ridicule of idiots. Many people have gotten OTH's and gone on to live happy successful lives. So far for me as long as I was honest about my discharge all of my employers have been non-judgmental about the discharge, fortunately you'll find yourself explaining the difference between a OTH and a dishonorable discharge quite often as most civilians know next to nothing about the military. Also if the Army truly was a mistake, and not just something you wanted to back out of, you probably have a good reason and it's worth a shot the worse that can happen is the request will be denied. Most employers look at an OTH more like you quit your job anyway. I have known people that got an OTH and without upgrading it got government jobs, have gone to college, All the stuff that people with honorable discharges do but you will be forfeiting your M.G.I. bill and several other VA benefits. Oh and even if you get caught you go to the same place and the same things occur the only differences are it would be harder to prove intent to return and you will spend a week or so in a civ. jail.

Please this is an important life altering decision this person has made, and if they will pay for it for they rest of their life that is on them it is not your job to extract such payment.

 

[Peligroso27]

I have every right to point out that you and any other deserter have made a mistake that will cost you more than the benefits you so easily minimized. The G.I. Bill provides 1300 to 1600 dollars a month for recipients enrolled in school full time, not something I would be willing to give up so easily. My honorable discharge and service in a combat zone also entitles me to free health care for the next five years, not an expense I would so easily dismiss. I have no need to explain my discharge to an employer, it is honorable.

There is no way that you can speak for a majority of employers, I doubt you have spoken with all of them. The fact remains that there are limitations that you and all the other deserters have now placed on yourselves. There is nothing insulting about what I said, it is just the blunt and unadulterated truth. Granted your opinion is biased because this dishonor marks your character as well.

The fact remains that you will not upgrade your discharge, ever. You will forever have to explain why you failed to obtain an honorable discharge from the Armed Forces. The OP came here looking for legal advice which was given to him and he subsequently ignored it and left anyway. Now he is looking for an easy way out of the mess he got himself into. The correct legal answer is that there is no easy way out, he just made a huge mistake that is going to follow him for the rest of his life. I felt obligated to ensure that he understood the full scope of the situation and the consequences his actions will have. That is the responsible thing to do.

It is wholly irresponsible of you to minimize the consequences an OTH carries and give the OP false hope of upgrading his discharge. It is a legal fact that will not happen for either of you, ever. There is no way to tell the OP what the immediate consequences of going awol are going to be. You have no way of knowing what discharge he will receive, if he will go to the brig, or if he will be labeled a deserter. You need to keep your biased and uneducated opinions to yourself.