AWOL Question

What is the name of your state?Question about AWOL:

Sargeant left the Army (AWOL) during peace time (August 2000) to help with family affairs in another state. This was 5 years ago. What will happen if he seeks to get this resolved? Turning himself in after 5 years of being absent. His ETS date was June of 2002.

Any legal information or advice would be appreciated. Thank you for your time.


Washington State

AWOL Information Needed

Washington

Hello again,

I wonder if anyone has any info about my question? What are the penalties and/or consequences of now turning himself in. And where should he turn himself in?

Looking for answers,
wisdom2000

It's not AWOL now, it's desertion. And he's looking at time in a federal lockup.
It would be to his benefit to talk to an attorney first and to do it soon.

Thanks for the reply. I realize that he has broken an agreement with Army and could face imprisonment. Are you former military or involved in miitary law? Would it matter if he had an excellent record while in the Army? Medals, awards etc.

Thanks again for taking the time to reply.
wisodm2000

i've been through it..i was awol 2 yrs. i'm speaking from expirence.

if he get a special court-martial 1 yr confinement

if it's a general he's looking at 5 yrs confinement

and that's only if there are no aggrivating circumstances...and i'm telling you there wil be. i had a aggrivating circumstance (it was knowingly staying absence during a time of war iraq and afganistain - while others where sticking it out , i choice not to.) trust me they will use it...lol

and i'm pretty sure he doesn't care about the discharge..i know i didn't, i was just wondering about "time"

pm me and we can talk more..and tell him my experiance.
i'm also on yahoo msger "howllermonkey"

i will say this..the sooner..the better

and it's been 5 yrs...mine was 2 yrs and upon returning there was no one from my old unit stil there...no personal prejudice.

i hope what i said helps...and wish your friend all the luck! i mean it..i know what he's going through. if there is anyway i can help more..pm me.

One aggravating circumstance under the RCM (rules for court-martial) is termination of the desertion status by apprehension. In other words, if they have to catch you, you are going to face A LOT more time.

And, as a young air force lawyer, full of piss and vinegar, I had the opportunity to prosecute a desertion case. The airman in question got four years in Leavenworth.

Since I'm more defense minded these days, I suggest contacting a civilian lawyer who handles military law regularly (lots of people advertize, few actually do it). I've replied elsewhere with my "short list" of who I'd suggest going to. They can negotiate with the appropriate military authorities for your return in exchange for reduced sentence/charges/etc.

I hope I can Help

Believe me, half of the **** those guys are saying isnt true, if you want the truth contact GI Rights they will help so much.

I have been in the army and served both my country and in war at the young age of 18 and now currently this year been discharged, after 5yrs you have been DFR (dropped from rolls) turn yourself in at Ft. Sill and you will have to take a chapter 10 discharge and it will take about 5 days to process and then you are home. contact GI Right look them up online they will really help alot give it a try.

Thanks

Thank you LeightonAnthony. I will look into GI Rights. I appreciate your help. Maybe someday if this gets solved I can post his experience. Thanks for everyones help. I will continue to research this.

wisdom2000

GI Rights

I dont think GI Rights can do very much for you- im sure you wont turn yourself in and be back home in 5 days- probably closer to five years then five days- being AWOL will get you more imte then 5 days- Desertion is a whole lot more serious- If i were you id join the french foriegn legion and change my name

http://usmilitary.about.com/od/punitivearticles/a/mcm85.htm

The primary difference between the two offenses is "intent to remain away permanently." If one intends to return to "military control," one is guilty of "AWOL," under Article 86, not Desertion, under Article 85, even if they were away for ten years. The confusion derives from the fact that, if a member is absent without authority for longer than 30 days, the government (court-martial) is allowed to assume there was no intent to return. Therefore, the burden of proof that the accused intended to someday return to "military control" lies with the defense.


I think this article may help you-- from what i have gathered from it- if you return on your own free will then you will be charged with awol--i think that i would show up at ft knox wearing bdu's and report for duty- that would show that you intended to retun to the army.. and therefore you would have been awol-- but then igain i dont know a whole lot so dont take my word--because i have never been awol or deserted..

If you decide to turn yourself in do NOT report to Ft. Knox, discharge takes about 5 weeks, do if at Ft. Sill Im telling you, I know this from fellow soldiers who have been awol for 3yrs and one for 6yrs and I am telling you, contact the GI Hotline and talk to them, they are there to help and are not linked to the gov. in any way, they are there to just help soldiers such as your husband get out of the military, you have to think that the military is not for everyone. And yes I know that this could lead to Court Martial and it dont matter if you are awol or derserted after 30 consecutive days of AWOL you are considedered a deserter, so waht you do is turn yourself in at FT. Sill and tell them at the gate that you are awol, they will put you into a PCF (Personal control facility) where you admit your giult and just tell them that the Army was not for you, what you are doing is taking a discharge in Luie of Court Martial which is a chapter 10 discharge under artical 86 dersertion, there will only be a court martial trial if your husband desides to stay in the military but if not he will have an other than honerable discharge, and be home in about 5 days, okay call gi rights they will help.
Please post a reply on what happens

I deffinatly wouldnt show up to turn yourself in and expect to be out of there in a hurry- the military likes to make you wait, just get stuff taken care of before you go- but the sooner you get this stuff taken care of the sooner you can get on with your life.

Its kinda crazy that some people can be awol from the army for years- what they tell you in the army is that they will find you in a few weeks--How do you stay gone for so long with out getting caught

It is the policy of the military not to actively look for people who are AWOL unless they are a suspect in another crime. They send a letter to your home of record urging your family to turn you in and then after 30 days they issue a federal warrant for your arrest (if the paper work is done right, but that doesn't always happen) If you don't get pulled over or get in any trouble you can go years or possibly forever without getting caught.

The army no longer deals with AWOL soldiers at Ft. Sill and Ft. Knox unless they went AWOL from a training school or from an overseas unit. Breaking with a longstanding tradition of arresting and trying deserters under the Uniform Code of Military Justice UCMJ), the senior Army leadership decided to impose a program effective Oct. 1, 2001, whereby deserters are now returned to their original unit for evaluation, counseling and possible rehabilitation before punishment is mandated. How fast you are discharged now really depends on the effieceny of your unit. I have tried to find someone who turned themselves in after this new policy took effect to find out how it works in real life, but I haven't been able to find anyone.

GI Rights will give you some great info. They are very helpful.