ucmja, awol, ntl guard

[serenity3212]

What is the name of your state (only U.S. law)?
I'm in the idaho nat'l guard, I've missed two drills, I haven't been to AIT, they've threatened to put a warrant out for my arrest. What are my options? What are my choices that don't involve jail time, I have to keep my job. what are the punishments for this I was told that they do this all by mail it was my retention NCO that told me to stop showing up.

[serenity3212]

I was told that my attendance at drill was voluntary is this true?

[objetora]

If you're in the split option (basic, then leave, then AIT), if you don't go to AIT they are required by regulation to give you an Entry Level Separation (no AWOL, no warrants, no nothing, just an ELS). This is in Section 5-2 of AR 630-10, which you can get at:

[url]http://www.army.mil/usapa/epubs/pdf/r630_10.pdf[/url]

The relevant text is:

5-2. Entry on initial active duty for training
a. The procedures in this paragraph apply when an enlisted Soldier ordered to enter on IADT refuses or fails to comply with the order. It is applicable to Soldiers who enlisted for the standard training option or for the alternate (split-training) option. ...
b. If an extenuating circumstance did not exist and the Soldier refuses to comply with the IADT order, the guidance counselor cancels the training reservation. The appropriate separation authority processes the ARNGUS Soldier for discharge from the ARNGUS and as a USAR. The USAR Soldier is processed for discharge under the entry level performance and conduct provision.

Also, you are in the "training pipeline", so you cannot be charged with Unsatisfactory Participation for missing drills. This is in Section 3-4 of AR 135-91, which you can get at:

[url]http://www.army.mil/usapa/epubs/pdf/r135_91.pdf[/url]

The relevant text is:

3-4. Participation before initial active duty for training
Enlistees in the categories described in a through d below are authorized to attend the specified number of inactive duty training (IDT)s or AT with their assigned unit for pay purposes before completing IADT. (All others may voluntarily participate in inactive duty training (IDT)s without pay during the period before IADT.) Failure of a soldier to attend inactive duty training (IDT)s while in the training pipeline awaiting entrance on IADT (to include both phases of the Alternate Training Program) will not subject the soldier to unsatisfactory participation.

If you're not in the split option, then things are more complicated.

[serenity3212]

In my particular situation I am a prior service member on a try-one am I still eligible for ELS, cuz that would be awesome, but I doubt it.

[objetora]

The regulation doesn't make any special reference to prior service or try-one so it should apply, but it might help to know how long your break in service was.

[serenity3212]

mar'06 got in in jan'09

[objetora]

I have been told by a lawyer with about 20 years experience in military law that a two-year break in service is enough for the ELS regulation to apply. I will see if I can get a specific regulation or policy memo to support that, but it may take a couple of days to confirm.

[serenity3212]

should I show up like I had planned tmrw and go to AT they left two days ago and told me just now when they said that they were going to issue a warrant for my arrest that I should show up at the armory and be transported to AT. Sounds a bit fishy to me. Should I show?

[serenity3212]

how do I go about getting that seperation or is it mandatory, and am I subject to AWOL under UCMJ, will a warrant legally issue?

[ERAUPIKE]

Originally Posted by serenity3212

should I show up like I had planned tmrw and go to AT they left two days ago and told me just now when they said that they were going to issue a warrant for my arrest that I should show up at the armory and be transported to AT. Sounds a bit fishy to me. Should I show?

You should fulfill your obligation. You are not eligible for an ELS because you are prior service. It is unlikely that you will receive any jail time but it is possible.

[objetora]

None one can legally tell you not to show up at the AT. Are you in a voluntary or involuntary IDT program? If involuntary, then you are AWOL during the drills or AT that you miss, but not before or after (basically, AWOL means that for one reason or another you are not where you are supposed to be and before or after a drill or AT there is nowhere that you're supposed to be). The NG in some states (such as Pennsylvania) are very aggressive about AWOLs from IDTs, but Idaho hasn't been. People can inform you about the risks, but it's your decision to make.

The ELS for not attending AIT (and remember, I'm checking on that for your case of a more than two-year break in service) does not require that you do anything. It will come in the mail.