National Guard Awol Again!!!!!!!!!!! HEELPPP!!!!

[iwentawol]

What is the name of your state? tx

ok for those of you who read my previous post after being gone another 37 days i turned myself in and was flown back to benning, when i got there i was read a field grade article 15 for Awol and did a chaper 14 12 bravo misconduct packet, the CO was reccomending a general discharge for Awol, i stayed 2 weeks and waited for them to finish my packet, i played there games and found out my packet had been sitting for a week it was finished and my 1st sg told me it will be done when its done, a specialist who did the paperwork in the training room brought me into the office when they were out to the range and showed me the packet and told me it had been sitting there a week, i went awol 4 times and was charged with only 3 on the article 15, now is offically number 4 and im not turning myself until i know for SURE im DFR, so anyway how does the National Guard do Awols? ive heard that the home unit you were going to report to after AIT has to take you off their books as well as the unit back at your basic traiining. is this true? does anyone know anything about this?i just want to be DFR OMG, ive been gone 28 days, 33 days, and 73 days before turning myself in. How long must i truly be gone and should i go back to sill? or this time go to knox instead? when i was at sill last time i did EVERYTHING to Outprocess to leave on friday and i was held for 3 more days and sent back to my unit and benning!

[SHORTY LONG]

Call the GI Hotline. 1-800-394-9544.

[rppearso]

Being in basic you are considered to be "federalized" if you can finish basic and go back to your guard base (ie split option) then you can just leave, there is no such thing as "AWOL" in the national guard, they might get mad but there is not UCMJ action they can take against you all you will have to do is write a letter explaining you dont want to be there. The process takes forever but you wont care because you wont be going to drills or be in basic. The key is to just finish basic and or AIT (its better if you are split option because I imagine infantry AIT is just more basic training so that would suck)

[mpearl23]

Ouch...the advice to go to the guard because you can "just leave, there is no such thing as AWOL" is 100% incorrect. Used to be, they did not throw a big fit for AWOL from drills. But behind the scenes, the paperwork did get processed and you were processed out with a less than honerable discharge. Times have changed though, and we are in a war, and the guard needs it numbers nice and high.

My advice (if it's any consolation, my request for discharge was processed properly through my chain of command TWICE and was just approved about two weeks ago)...finish with AIT and get to your guard unit. Decide then if you want to get out. Talk to the retention NCO and tell them your issues. I will tell you though that you signed a contract. To break that contract is not easy. Many times its best to stay to your ETS. Listen, your chain of command has the upper hand here. Straighten up, roll with the punches, and finish AIT. Get to your guard unit. Chances are you may like it there. The guard is VERY different then active duty. Keep your nose clean and get off active duty though first. GET TO YOUR GUARD UNIT. Get things straightened out there.

[iwentawol]

ok right now im a little confused at what your saying here mpearl, i never graduated boot camp i was in for infantry OSUT 11b training, when i got back there i asked for a restart to anything and i was completely denied up to the brigade comander, even the liason NCO told me to F #$% OFF! i cant finish ait at all because with benning its 14 weeks or nothing, even so if i had made it to nine i would still not have graduated like you would with normal basic. so im still IET status, the chain of command back at benning completely hates me and doesnt even want to deal with me, so your saying i should just show up to my unit??!!!! YEAH right they would send me right back to benning and id be awol all over again. lets face it here im stuck between a rock and a hard place, turning myself in does no good because they wont put me out at all but let me sit there and do BS details, and staying out does me no good because im always wandering when i will be arrested by mps or cops, even though i have no warrant out im just waiting for it, my thinkning is get the warrant out, turn myself in to sill again and pray TO GOD that it goes right, when i was there one national GD guy was gone 3 and a half years, as far as a less than honorable discharge thats the best news in the world! because i just want to be rid of this F&ckn mess! The army is a sham and i wish i never would have joined in the first place.

[badapple40]

Being in basic you are considered to be "federalized" if you can finish basic and go back to your guard base (ie split option) then you can just leave, there is no such thing as "AWOL" in the national guard, they might get mad but there is not UCMJ action they can take against you all you will have to do is write a letter explaining you dont want to be there. The process takes forever but you wont care because you wont be going to drills or be in basic. The key is to just finish basic and or AIT (its better if you are split option because I imagine infantry AIT is just more basic training so that would suck)

rppearso is correct insofar as you cannot receive a federal court martial for going AWOL from the national guard, IF YOU FINISH training. You are "federalized" during basic training and AIT, under 10 USC 802(a)(1), but not once that is finished.

A separate question arises, however, if they order you to report to national guard training for the purpose of being called up to federal service.

But most states, texas included, has separate state law provisions that you are and can be subjected to. See, e.g. Texas Code Chapter 432. That section provides the following:

§ 432.130. DESERTION. (a) A member of the state military
forces is guilty of desertion if the member:
(1) without authority goes or remains absent from his
unit, organization, or place of duty with intent to remain away
permanently;
(2) quits his unit, organization, or place of duty
with intent to avoid hazardous duty or to shirk important service;
or
(3) without being regularly separated from one of the
state military forces, enlists or accepts an appointment in the
same or another of the state military forces, or in one of the armed
forces of the United States, without fully disclosing the fact that
he has not been regularly separated.
(b) A commissioned officer of the state military forces who,
after tender of his resignation and before notice of its
acceptance, quits his post or proper duties without leave and with
intent to remain away permanently is guilty of desertion.
(c) A person found guilty of desertion or attempt to desert
shall be punished as a court-martial directs.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.


§ 432.131. ABSENCE WITHOUT LEAVE. A person subject to
this chapter shall be punished as a court-martial directs if the
person without authority:
(1) fails to go to his appointed place of duty at the
time prescribed;
(2) goes from that place; or
(3) absents himself or remains absent from his unit,
organization, or place of duty at which he is required to be at the
time prescribed.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.

But the punishment isn't all that steep:

§ 432.033. JURISDICTION OF GENERAL COURT-MARTIAL. (a)
Subject to Section 432.032, a general court-martial has
jurisdiction to try a person subject to this chapter for any offense
made punishable by this chapter and may, under limitations the
governor prescribes, adjudge any of the following punishments:
(1) a fine of not more than $1,000 or confinement for
not more than 360 days;
(2) forfeiture of pay and allowances;
(3) reprimand;
(4) dismissal or dishonorable discharge;
(5) reduction of a noncommissioned officer to the
ranks; or
(6) any combination of those punishments.

[rppearso]

If you are a split option in the national guard after you finish basic you are no longer federalized until you attend OCS or AIT so in between you can opt out. If the unit is hard liner about it there are a myriad of other things you can do to disqualify yourself from attending AIT or OCS and will eventually be discharged. If they try to send you down range when you are not qualified you need to talk to JAG and should never fill out any paper work to go down range.

[iwentawol]

in case you didnt know im AWOl right now im not at any base

[SOLDIERFIRST]

What is the name of your state? tx

ok for those of you who read my previous post after being gone another 37 days i turned myself in and was flown back to benning, when i got there i was read a field grade article 15 for Awol and did a chaper 14 12 bravo misconduct packet, the CO was reccomending a general discharge for Awol, i stayed 2 weeks and waited for them to finish my packet, i played there games and found out my packet had been sitting for a week it was finished and my 1st sg told me it will be done when its done, a specialist who did the paperwork in the training room brought me into the office when they were out to the range and showed me the packet and told me it had been sitting there a week, i went awol 4 times and was charged with only 3 on the article 15, now is offically number 4 and im not turning myself until i know for SURE im DFR, so anyway how does the National Guard do Awols? ive heard that the home unit you were going to report to after AIT has to take you off their books as well as the unit back at your basic traiining. is this true? does anyone know anything about this?i just want to be DFR OMG, ive been gone 28 days, 33 days, and 73 days before turning myself in. How long must i truly be gone and should i go back to sill? or this time go to knox instead? when i was at sill last time i did EVERYTHING to Outprocess to leave on friday and i was held for 3 more days and sent back to my unit and benning!

You have been given good advice by folks on this site. Don't 2nd guess them follow it and get on with your life.

Who cares that infantry school is 14 weeks, once you finish that, you will return to the control of the national guard and you can leave them if you want. Right now you are under federal control.

14 weeks of camping and learning survival skills is good for you,

v/r

Soldier First

[iwentawol]

fort benning is a SH!Thole and i will never return there! so you can take your LDRSHIP core values and shove it because we all know it doesnt mean a damn thing in the real world, you want real values, they arent taught in a damn book there learned in life, not in 14 weeks.

AH there im done venting still waiting for DFR

[Shay-Pari'e]

[QUOTE=iwentawol;1659960]What is the name of your state? tx

ok for those of you who read my previous post after being gone another 37 days i turned myself in and was flown back to benning, when i got there i was read a field grade article 15 for Awol and did a chaper 14 12 bravo misconduct packet, the CO was reccomending a general discharge for Awol, i stayed 2 weeks and waited for them to finish my packet, i played there games and found out my packet had been sitting for a week it was finished and my 1st sg told me it will be done when its done, a specialist who did the paperwork in the training room brought me into the office when they were out to the range and showed me the packet and told me it had been sitting there a week,

Gee, You are so special that a specialist called you in? A specialist in what?

I went awol 4 times and was charged with only 3 on the article 15, now is offically number 4 and im not turning myself until i know for SURE im DFR,

You are turning yourself? I guess I would also with your history.

so anyway how does the National Guard do Awols?So anyway's, don't you think you know that by now?


ive heard that the home unit you were going to report to after AIT has to take you off their books as well as the unit back at your basic traiining. is this true? does anyone know anything about this?i just want to be DFR OMG, ive been gone 28 days, 33 days, and 73 days before turning myself in. How long must i truly be gone and should i go back to sill? or this time go to knox instead? when i was at sill last time i did EVERYTHING to Outprocess to leave on friday and i was held for 3 more days and sent back to my unit and benning! :What a bummer! I bleed for you, really I do.

Thank you for not serving, I could not stand the thought of my son being in your squad.

[Shay-Pari'e]

[QUOTE=iwentawol;1666787]fort benning is a SH!Thole and i will never return there! so you can take your LDRSHIP core values and shove it because we all know it doesnt mean a damn thing in the real world, you want real values, they arent taught in a damn book there learned in life, not in 14 weeks.

AH there im done venting still waiting for DFR

You can take your *Core Values*, and figure out why you even joined in the first place.

You were not drafted, no one held a gun to your head, so your comment is immature at best.

Grow up and stay away from my son, who is serving proudly.

[rppearso]

I thought this was a legal advice forum and not an online VFW post? Who cares what your opinion is of someone who decided the military is not for them. I would say its a good thing he is waiting until he is DFR so your idiot son doesnt shoot him in the back because he thinks he is a wimp or a coward, I know better to automaticly associate honor with military members, just because your son is serving does not mean squat, its how he conducts himself as a human being that makes all the difference and if he is a walking representation of your posts he is scum just like 60% or so of the military members I ran across during my time in basic and some of my time in the guard.

[iwentawol]

ok since you said you were in the guard. got a few questions.

when somone joins the natl guard and goes awol from basic what units do the DFR packet? the basic training or the unit i was supposed to have reported to after OSUT?

also looking at getting a civilian lawyer, i do have some medical problems my recruiter told me to lie about at meps, i am bipolar and adhd, also had some mitigating circumstances going awol i was getting into alot of fights because ppl wouldnt stop messing with me and even my drill sergeants told me to go(but good luck proving that now oh and from my cycle by week six we had 60 awols LOL! and my grandfather died nad one of my best friends, ive been gone almost 60 days now and still nothing i call USADEP everyday, so if theres anything you could maybe help me out id appreciate it alot.

thanks!

-iwentawol

[rppearso]

All I can tell you is it is far easier to just complete your training if you are national guard and then leave when you get to your guard unit. You probably wont even have to go awol, just tell them you dont want to be there, make sure you sign the letter of intent and have it processed by someone who actually makes decisions. I have known others as well as myself who have just said hey I dont want to be here and they get out. I guess it could get sketchy if you got a bounus or something.