Awol

[SHDR85]

My situation is complicated and so I need advice immediately. I went Awol from my AIT unit in Oct. 2006 after a lot of thought and consideration. I had already recieved my PCS paperwork to report to Ft. Bragg the following week, but I never knew it was going to turn out like this. I turned myself in a month later at Ft. Lewis in WA. They ordered me to return to Bragg, which I had never been there. Because it was the week of Thanksgiving and I would be spending it on a bus, I decided it wasn't worth it and went awol again. They told me at Lewis that I was never reported AWOL so I wouldn't get the discharge that I was seeking. 4 months later I reported to Ft. Sill in hopes of getting dishcarged. All was well and on it's way until I was told that i was going to be sent to Bragg because according to AR 630-10, anyone who goes AWOL from Ft. Bragg must return to Ft. Bragg. I didn't want to go because again they would not release me, so I took the plane from Oklahoma to Dallas, got off in Dallas and went home to houston instead of NC. I called AWOL Apprehension at Ft. Bliss where I originally went AWOL when I was 6 months pregnant, they told me that I wasn't reported as anything anywhere and I never had been. The only reason they knew I was gone was because I kept coming back. So, here I am with a 3 month old and don't know what to do. I have to get it taken care of as my boyfriend has just recently become a police officer and is worried about his career. I don't want to jeopardize that. So what do I do, who do I call? Can I talk to Jag and see what they can do? Will they help me? What about my Daughter? She can't stay here with him because of his work schedule so I don't know what to do with her. Please helpWhat is the name of your state (only U.S. law)?

 

[Dude]

Some people on this board will give sound advice but some try to scare you, in some respects some don't dont know ****.
In the end you might have to turn yourself in. From what I gather you have been gone for two years? I was kind of in the same boat only I was processed into a unit. Because in was in a unit they wanted me back. From what I read you haven't processed into your unit?
This is what could happen to you. You could get discharged from Ft Bragg. You could be sent to Ft Knox to be discharged. You could get a Court-martial, now dont let that scare you. You haven't been in the military for that long and you have a 3 month old child. Trust me, this kind of stuff plays a roll in what kind of sentence you get. The chances of this happening are slim to none in your case.
I never saw anyone in the Brig with your kind of case. Most of the people had been processed into a unit, spent time in the unit, went AWOL several times and had drug charges. You have never even been to your unit.
Find someone you trust to watch your kid and just go back. If you do, go to Ft. Sill which is what I did and they will fly you to Ft. Bragg.

 

[Peligroso27]

After going AWOL from AIT you may have received an uncategorized discharge.

 

[fozzy2]

There is no guarantee, but there are three magic words that may fit your situation:
"Discharge in absentia".

You don't have to report or be under military control to be separated. As a matter of policy, the services often set requirements to qualify for "separation in absentia" -- if they made it that easy for everyone, then more people would desert. And a lot of people change their minds and decide to stick it out once returned to military control. However, not everyone has to report back. Sometimes the military will just mail you your paperwork.

You should probably contact the military (you can try the local JAG office, but you may be better off phoning a specialist AWOL/desertion unit), explaining to them you've been absent since 2006 and now have sole custody of a minor you can not leave. Ask them specifically about "discharge in absentia" and cite:
AR 635-200 3-7(g) and
AR 635-200 2-15(1) as well as
AR 635-200 Chapter 14.
These regulations basically state that the Army can discharge in absentia ("not under military control") and outline some of the procedures. In your case, it sounds like as long as they get permission from someone with GCMCA (General Court Martial Convening Authority) you can be permitted to be processed in absentia. In other words, they'll have to ask some general. Your circumstances sound like it would be more trouble for the Army than it is worth if they tried to make you report.

I don't know how tight the Army is. If you were in the Navy or USMC, the fact that you have been gone over 1 year would probably automatically qualify you as per MilPersMan 1910-130. But, at any rate, there is a chance you can be separated without having to appear. You normally have to sign to agree to accept an "Other Than Honorable" characterization of discharge, and they mail you a package and that is it. Good luck.

 

[Dude]

The very first topic on this message board is a STICKY. It has the AWOL/DESERTER numbers to call. I've called them before. they will tell you your status.

 

[Raine19]

Why did you join in the first place?

I am so sick and tired of people taking the OATH and then slapping They're Country in the back. It's not McDonald's, it's a COMMITTMENT! anyone AWOL is any idiot to me. I don't care what your excuse is. When my son returns from Iraq next week, after his third tour I'll be thinking about how PATHETIC you AWOL/DESERTER people really are. My son saved your butt, so you turn your back

 

[cl04]

I am so sick and tired of people taking the OATH and then slapping They're Country in the back. It's not McDonald's, it's a COMMITTMENT! anyone AWOL is any idiot to me. I don't care what your excuse is. When my son returns from Iraq next week, after his third tour I'll be thinking about how PATHETIC you AWOL/DESERTER people really are. My son saved your butt, so you turn your back

This countries foreign policy is so jacked up, that I don't blame anyone for leaving the military if they don't agree with it's motives. We are not defending the constitution, we are creating an empire. What we have become is so far from what the founding fathers had in mind it's absurd. What we need to remember is that dissent and questioning authority is truly patriotic and American. By the way I'm active duty Air force.

 

[BsBfrantic]

This countries foreign policy is so jacked up, that I don't blame anyone for leaving the military if they don't agree with it's motives. We are not defending the constitution, we are creating an empire. What we have become is so far from what the founding fathers had in mind it's absurd. What we need to remember is that dissent and questioning authority is truly patriotic and American. By the way I'm active duty Air force.

Couldn't have said it better!

 

[flybabe007]

wow fozzy2 that was an awesome post. way to know ur stuff

 

[ERAUPIKE]

Couldn't have said it better!

This countries foreign policy is so jacked up, that I don't blame anyone for leaving the military if they don't agree with it's motives. We are not defending the constitution, we are creating an empire. What we have become is so far from what the founding fathers had in mind it's absurd. What we need to remember is that dissent and questioning authority is truly patriotic and American. By the way I'm active duty Air force.

This is not the place for ignorant uneducated rants. Your command and the members of this forum are not amused or impressed by your cries for attention. Go throw your childish tantrum somewhere else.

 

[andrew anderson]

This is not the place for ignorant uneducated rants. Your command and the members of this forum are not amused or impressed by your cries for attention. Go throw your childish tantrum somewhere else.

Pot, meet kettle.

 

[dopplehertz6913]

There is no guarantee, but there are three magic words that may fit your situation:
"Discharge in absentia".

You don't have to report or be under military control to be separated. As a matter of policy, the services often set requirements to qualify for "separation in absentia" -- if they made it that easy for everyone, then more people would desert. And a lot of people change their minds and decide to stick it out once returned to military control. However, not everyone has to report back. Sometimes the military will just mail you your paperwork.

You should probably contact the military (you can try the local JAG office, but you may be better off phoning a specialist AWOL/desertion unit), explaining to them you've been absent since 2006 and now have sole custody of a minor you can not leave. Ask them specifically about "discharge in absentia" and cite:
AR 635-200 3-7(g) and
AR 635-200 2-15(1) as well as
AR 635-200 Chapter 14.
These regulations basically state that the Army can discharge in absentia ("not under military control") and outline some of the procedures. In your case, it sounds like as long as they get permission from someone with GCMCA (General Court Martial Convening Authority) you can be permitted to be processed in absentia. In other words, they'll have to ask some general. Your circumstances sound like it would be more trouble for the Army than it is worth if they tried to make you report.

I don't know how tight the Army is. If you were in the Navy or USMC, the fact that you have been gone over 1 year would probably automatically qualify you as per MilPersMan 1910-130. But, at any rate, there is a chance you can be separated without having to appear. You normally have to sign to agree to accept an "Other Than Honorable" characterization of discharge, and they mail you a package and that is it. Good luck.

I know when I was at Fort Sill PCf we had a man that was awol since 1971 He was there for three weeks getting discharged. the Army doesnt forget and is slow to forgive as its like a slow moving machine. when I was at pcf all was discharged exept for three. one was sent to jail becouse he had prior criminal activity in cival and millitary court. one tried to go awol from pcf go figure he was half way out and ended up going to lockup and seperation was delayed. the first thing they tell ya is dont go awol from pcf. the last one had mental issues from war and was pushing for mental discharge. we didnt see him again after he went to doctor. All I know is the 1st sgnt said you had to be present for discharge. when I went before him he was cool calm and relaxed. He made me talk to my comander as I went awol from Sill. I think mine was the longest reading I was in his office for an hour everyone else got out in 15 min.

 

[BsBfrantic]

Call this number (619) 463-2369 ask for a referral to a pro-bono attorney that takes time out for cases like this. I have a direct line to an attorney that will if you message me. Maybe call Red Cross they could help you out, they have some pull. Some peace and justice centers have mediators that know everything about this kind of stuff and will help (707) 575-8902 is one I know does for sure- very awesome woman. Are you breastfeeding? Maybe that could make a difference in being allowed "Discharge in absentia". Good luck and best wishes for your family.

 

[ERAUPIKE]

Call this number (619) 463-2369 ask for a referral to a pro-bono attorney that takes time out for cases like this. I have a direct line to an attorney that will if you message me. Maybe call Red Cross they could help you out, they have some pull. Some peace and justice centers have mediators that know everything about this kind of stuff and will help (707) 575-8902 is one I know does for sure- very awesome woman. Are you breastfeeding? Maybe that could make a difference in being allowed "Discharge in absentia". Good luck and best wishes for your family.

Post is over 7 months old.

 

[BsBfrantic]

Maybe someone else can use them =)