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My son's Army pay is screwed up, has been for months.

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jarrett622

Junior Member
What is the name of your state (only U.S. law)? My son is in Texas at Ft. Hood.

He went AWOL and because of the usual Army efficiency they only got him for 4 days actual AWOL because he left in the middle of a transfer. Ft. Lee didn't know they'd lost him and Ft. Hood didn't know they were supposed to have him.

At any rate he was back and went without getting paid for about 3 months. They seemed to finally get the pay fixed and he got one check. Now all of a sudden they're saying he owes them in the area of 9000.00 dollars. There's no way. 1) Even if this was for the time he was actually gone and still getting paid he doesn't make that much. 9000.00 is about a years pay for him. And no, no action has been taken on the AWOL business yet. 2) He thinks they're trying to charge him for battle gear they think he received but he never has been issued battle gear.

He's put up with a lot of crap from the Army starting with enlistment. And he's just about had it. No matter what he does they can't seem to get this straight. And if they don't pay him he can't even eat at times cause the DFAC's aren't always open as they used to be. For instance, it was open on Thanksgiving day but closed Fri., Sat., Sun., and Mon., after that. What do they expect him to do???

What can he do, who can he talk to? His command is aware of the situation and he's bugged finance. He simply doesn't know what to do next and he's about given up. He's ready to tell them to shove it and let him out. He said there's no way he can take 6 more years of this.
 
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ERAUPIKE

Senior Member
He better learn to man up then. He can't simply walk up to "them" and say sorry this isn't working out. If he is having problems with his pay, as a result of his going AWOL, there is an officer that can act as an advocate on his behalf. I can't speak to his experience with the DFAC but it doesn't sound like any base I have ever been to.

My suggestion to you, support your son any way you can while this mess gets sorted out. Encourage him to serve out his enlistment. It does get better. If he goes AWOL then it only gets worse, for the rest of his life.
 
AWOL is not the anwser.

Your son was only Awol if he was absent 30 consecutive days or more other wise he was just UA.

Needs to serve out his enlistment while contacting his congressman. Navy/Marine Corps relief society can help him out.
You as his parent should call his commanding officer and ask what the hell is the problem at their end, then call his boss.
 

ERAUPIKE

Senior Member
Your son was only Awol if he was absent 30 consecutive days or more other wise he was just UA.

Needs to serve out his enlistment while contacting his congressman. Navy/Marine Corps relief society can help him out.
You as his parent should call his commanding officer and ask what the hell is the problem at their end, then call his boss.
That is entirely incorrect.

Please point out where it states under Article 86 of the UCMJ that any service member is not AWOL until after 30 days.
 
The 30 Day Rule

So why do so many people confuse desertion and AWOL? It's because the services ADMINISTRATIVELY classify absent members as "deserters" once they have been gone for 30 days.
Once a member goes absent, each of the military services enter the member's information into their DIP (Deserter Information Point). At that time, the services take certain actions, such as stopping the member's pay and allowances, and contacting family members in an attempt to locate the absent member and convince them to return to their unit. On the 30th day, the member is "dropped from the unit rolls," (meaning the unit can fill the emply slot with a new person), and administratively classified as a "deserter." At that point the DIP-folks electronically enter the information into the "Wanted Persons File" in the FBI's National Crime Information Center (NCIC) computer.
That means the information is available to every law enforcement agency in the United States, and the member becomes a "wanted person," subject to arrest by any police officer. United States Code, Title 10, Section 808 states:
Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Commonwealth, possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.
The DIP center also sends the information to the Department of State, who then cancels any passports the member may have.
The military doesn't necessarily have to wait the full 30 days before administratively classifying an absent member as a deserter. If the facts and circumstances show that the member intends to remain away permanently (an example would be if they left a note saying they were never going to return), then the member can immediately be classified as such. Also, if he/she has gone to or remains in a foreign country and, while in the foreign country, has requested, applied for, or accepted, any type of asylum or residence permit from that country, they are immediately reclassified as a deserter. Other factors, such as whether the member is awaiting disposition for other military crimes at the time of AWOL, or if the member escape from military prison, can also result in immediate classification as a deserter.
The most significant factor about administrative classification as a deserter is the shift in "burden of proof." If a member, who has been absent for 30 days or less is tried by court-martial, the burden of proof that the member intended to remain away from military control rests on the prosecution. In order to support a guilty verdict for desertion/AWOL (vice AWOL/UA), the prosecution would have to prove (beyond a reasonable doubt), that the member intended to remain away from the military forever.
However, once the absentee has been administratively declared a deserter, the burden of proof shifts to the defense. The court is allowed to assume that the member intended to remain away permanently, unless the defense can provide clear evidence that the member intended to return to military control.
 
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ERAUPIKE

Senior Member
So why do so many people confuse desertion and AWOL? It's because the services ADMINISTRATIVELY classify absent members as "deserters" once they have been gone for 30 days.
Once a member goes absent, each of the military services enter the member's information into their DIP (Deserter Information Point). At that time, the services take certain actions, such as stopping the member's pay and allowances, and contacting family members in an attempt to locate the absent member and convince them to return to their unit. On the 30th day, the member is "dropped from the unit rolls," (meaning the unit can fill the emply slot with a new person), and administratively classified as a "deserter." At that point the DIP-folks electronically enter the information into the "Wanted Persons File" in the FBI's National Crime Information Center (NCIC) computer.
That means the information is available to every law enforcement agency in the United States, and the member becomes a "wanted person," subject to arrest by any police officer. United States Code, Title 10, Section 808 states:
Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Commonwealth, possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.
The DIP center also sends the information to the Department of State, who then cancels any passports the member may have.
The military doesn't necessarily have to wait the full 30 days before administratively classifying an absent member as a deserter. If the facts and circumstances show that the member intends to remain away permanently (an example would be if they left a note saying they were never going to return), then the member can immediately be classified as such. Also, if he/she has gone to or remains in a foreign country and, while in the foreign country, has requested, applied for, or accepted, any type of asylum or residence permit from that country, they are immediately reclassified as a deserter. Other factors, such as whether the member is awaiting disposition for other military crimes at the time of AWOL, or if the member escape from military prison, can also result in immediate classification as a deserter.
The most significant factor about administrative classification as a deserter is the shift in "burden of proof." If a member, who has been absent for 30 days or less is tried by court-martial, the burden of proof that the member intended to remain away from military control rests on the prosecution. In order to support a guilty verdict for desertion/AWOL (vice AWOL/UA), the prosecution would have to prove (beyond a reasonable doubt), that the member intended to remain away from the military forever.
However, once the absentee has been administratively declared a deserter, the burden of proof shifts to the defense. The court is allowed to assume that the member intended to remain away permanently, unless the defense can provide clear evidence that the member intended to return to military control.
You copied and pasted very well. I am aware of the difference between AWOL and Desertion. In fact, I posted the UCMJ article that would cover that particular infraction. What I asked you to do is to back up what you originally said,
Your son was only Awol if he was absent 30 consecutive days or more other wise he was just UA.
Nothing that you copied and pasted supports that statement.
 
You copied and pasted very well. I am aware of the difference between AWOL and Desertion. In fact, I posted the UCMJ article that would cover that particular infraction. What I asked you to do is to back up what you originally said,

Nothing that you copied and pasted supports that statement.
Blah blah blah blah ERAUPIKE your just a stick in the mud.
 

ERAUPIKE

Senior Member
They OP may think differnt.
I should hope not.

Please explain this statement,
Your son was only Awol if he was absent 30 consecutive days or more other wise he was just UA.
You have yet to justify that statement or provide any information to back it up.

You copy and pasted the article covering AWOL from About.com AWOL and Desertion - The 30 Day Rule

That particular excerpt does not support your statement. Are you prepared to admit that you simply were ignorant or will you continue to represent yourself as someone with knowledge of military regulations.
 

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