Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Military Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-23-2006, 06:29 PM
Junior Member
 
Join Date: Apr 2006
Posts: 7
Question

Need some help...


What is the name of your state? Alaska
Okay... so Im in the Army up in Alaska right now. Around 8:30 pm Friday night my squad leader calls me and tells me I need to be ready to go to the field by 7:30 the next morning, giving me 11 hours to be there. I didnt make it. It was impossible. Later that day I went in to the barracks and the CQ Sgt on duty told me I was to start extra duty and I was told I was to be on barracks restriction starting that night. I do not live on base and I have my own vehicle. I know that they cannot put me on any sort of punishment like this without being read an Article 15 or something similar. So I left. They dont have my address where I live off base and they told me Im considered as running right now. I was planning on going awol later this summer but it looks like my plans have changed and its happening now. Does anyone have any advice or suggestions about what my next plan of action should be? Im sitting here stressed out thinkin the police are gonna come and take me back... even though they dont have my address. Ive heard alot about waiting a certain amount of days and then you get some packet and they discharge you. I want to go home to Phoenix but Im so confused right now that I dont know what to do. Someone help me out here.
  #2  
Old 04-23-2006, 06:37 PM
thepizzaguy
Guest
 
Posts: n/a
Quote:
Originally Posted by Stax
What is the name of your state? Alaska
Okay... so Im in the Army up in Alaska right now. Around 8:30 pm Friday night my squad leader calls me and tells me I need to be ready to go to the field by 7:30 the next morning, giving me 11 hours to be there. I didnt make it. It was impossible. Later that day I went in to the barracks and the CQ Sgt on duty told me I was to start extra duty and I was told I was to be on barracks restriction starting that night. I do not live on base and I have my own vehicle. I know that they cannot put me on any sort of punishment like this without being read an Article 15 or something similar. So I left. They dont have my address where I live off base and they told me Im considered as running right now. I was planning on going awol later this summer but it looks like my plans have changed and its happening now. Does anyone have any advice or suggestions about what my next plan of action should be? Im sitting here stressed out thinkin the police are gonna come and take me back... even though they dont have my address. Ive heard alot about waiting a certain amount of days and then you get some packet and they discharge you. I want to go home to Phoenix but Im so confused right now that I dont know what to do. Someone help me out here.
You lost me at planning on going AWOL later this summer. You make it sound like; Yeah man me and the wife and kids made our reservations to go AWOL in Disney land later this summer , we picked up this really great package from Triple AAA and are getting into Epcott center for free.

I just find it difficult to respond with usefull information to a post like this.
  #3  
Old 04-23-2006, 06:59 PM
Junior Member
 
Join Date: Apr 2006
Posts: 7
well, ive tried to get out in other ways. I know it sounds retarded but I cant deal with this bs anymore. People told me that if you ever want to get out.. fail a couple pee tests or something. Been there, did that... and all I got was 45 days extra duty. They know I want out and wont let me go. Basically me and my girlfriend have been planning on leaving during block leave later this summer.. but it's came alot sooner than expected now. No, Disney World was not in my plans... all we were doing was saving up some money and using the 15 days of leave to get a "head start" on them. Now that they apparently reported me as "running" already... I might as well go through with it. I know about the OTH and BC Discharges and I can accept that. Ive just heard alot about wait 30 days and do this... or wait 60 days and call for some packet or whatever. What would be the better route for someone thats leaving either way?
  #4  
Old 04-23-2006, 07:39 PM
thepizzaguy
Guest
 
Posts: n/a
Quote:
Originally Posted by Stax
well, ive tried to get out in other ways. I know it sounds retarded but I cant deal with this bs anymore. People told me that if you ever want to get out.. fail a couple pee tests or something. Been there, did that... and all I got was 45 days extra duty. They know I want out and wont let me go. Basically me and my girlfriend have been planning on leaving during block leave later this summer.. but it's came alot sooner than expected now. No, Disney World was not in my plans... all we were doing was saving up some money and using the 15 days of leave to get a "head start" on them. Now that they apparently reported me as "running" already... I might as well go through with it. I know about the OTH and BC Discharges and I can accept that. Ive just heard alot about wait 30 days and do this... or wait 60 days and call for some packet or whatever. What would be the better route for someone thats leaving either way?
Drugs on top of UA. An OTH may not even be on the table for you anymore.

Let me explain a few things first:

An OTH discharge is an administrative discharge that CAN be given in lieu of a trial by court-martial. It is often known as being "Chaptered out" It is often used if you only had one problem and it is in the best interest of the military to let you go. Your military records will reflect this type of discharge, but there will be no criminal record IF you receive this and military records are difficult for other people (ie: potential employers) to view. If someone wants to know about your military backround they will have to get your permission. Again IF you receive this type of discharge.

A BCD or Dishonorable discharge is a punitive discharge and comes as a result of a court-martial. A court-martial will follow you as a criminal record even when you become a civilian. It will hound you beyond ways you are just to young to comprehend right now.

Being that you have had documented problems (peeing hot, article 15) means that the chances of you getting court-martialed have increased substantialy vs. the OTH

By turning yourself in now and dealing with this can really help defuse this situation. Living life on the run is no way to live.

I know this is not what you want to hear but going back now instead of waiting will greatly increase you chances of a more positive outcome. Stop listening to the morons who are telling you to pop positive on a pee test and all that other "dropped from rolls you can get a package" crap. See the chaplain, get counseling do whatever it takes to NOT screw up the rest of your life.

Good luck
  #5  
Old 04-23-2006, 07:53 PM
Junior Member
 
Join Date: Apr 2006
Posts: 7
I totally understand where your coming from... except... I have talked to the Chaplain, my Sgt Major, my Lt. Col., and everyone in my chain of command that I think would do any good. They WILL NOT let me out. So what your saying then is... say I DO go home and remain there for lets say a 6 months... this will never get cleared up like most of the other cases I've seen on here? I know that my case is a little different cause of the drugs and what-not... but that was a while ago and Im not still recieving punishment for it anymore or anything. I know its supposed to be hell if you're still pending ucmj... but thats not the case. I need to know the best way to GO THROUGH with this whole awol thing. I know it sounds retarded... but Im left with no other options right now and since Im already listed as a "runner"... Im screwed either way. HELP!!!
  #6  
Old 04-24-2006, 11:58 AM
Junior Member
 
Join Date: Apr 2006
Posts: 7
Exclamation

Could someone please give me some advice here... whats the BEST way to do this? Go for 30 days and then turn myself in? Or what? Im at a loss here and I know that if I back now then Im walking straight into handcuffs. Help me out please.
  #7  
Old 04-24-2006, 12:06 PM
Senior Member
 
Join Date: Sep 2004
Posts: 1,498
My advice is to return to your unit ASAP, take your licks, and finish out your enlistment. Get the honorable discharge, and then move on with your life. Right now, you just want out. Did you think about the potential impact on future employment with an OTH or court-martial conviction? It is MUCH better for you to limit the damage done.

That said, if your future does not matter to you, and you are bent on breaking the law and rolling the dice as to the military's response, yes, if you leave for greater than 30 days, then they MAY (but may not) DFR you (drop you from the rolls), at which point you can go to Fort Sill and turn yourself in and potentially receive a OTH (other than honorable) discharge.

Or, they may figure you are planning this, put a warrant out on you, and wait for you to get picked up, then court-martial you, give you 6 months in the brig, and toss you out with a BCD (bad conduct discharge). Try explaining that one to future employers.

Whatever has you totally ticked off at your command, I'd like to you take a few moments, take a step back, and think about the potential impact on your future based on your present actions. Are you so upset that you are going to let them "win" by forcing you out other-than-honorably or with a criminal conviction?

Some other things to think about, I would think, is how much time you have left on your enlistment or whether or not some other job/reclassification is possible to make you happier. There are options other than AWOL that you need to look at. AWOL is not the answer.
__________________
The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.
  #8  
Old 04-24-2006, 12:25 PM
Junior Member
 
Join Date: Apr 2006
Posts: 7
I totally understand what your saying... I know about the whole impact on the future... etc etc... the only problem is.... the WILL NOT let me out. Ive tried to reclass... not happening. Ive tried talking to them.. they wont listen. So basically, Ft Sill, OK is the place i need to look into after my 30 days then, right? Is there a way to find out if I was dropped from the rolls? What if I go back to my original duty station after 30 days? I just have so many unanswered questions, ya know? They've already reported me AWOL and I know that this will affect my future greatly... but Ive been thinkin about this for quite some time now and I really dont see any other way out of it. And sticking out my enlistment until 2009 is out of the question... I REFUSE to deploy with such an ate up unit and as far as they're concerned... Im not getting out of it, by any means.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:23 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.