AWOL vs Desertion?

[Proserpina]

What is the name of your state (only U.S. law)? WA

I know the forums generally don't like third party questions - but in this case the third party genuinely has no access. Thank you in advance for understanding!

So. Relative is army reserve, deployed to Middle East and currently on two weeks R&R. And making noise about not going back.

I've searched many posts, and I can't seem to find a definitive answer to the question of...well, when does AWOL become desertion? I assume that signing an apartment lease or something similar automatically proves intent to stay away permanently?

What are the likely (I have read that the max punishments are rarely applied - but I might be wrong there) punishments during a time of war?


Any and all advice is greatly appreciated.

 

[ERAUPIKE]

What is the name of your state (only U.S. law)? WA

I know the forums generally don't like third party questions - but in this case the third party genuinely has no access. Thank you in advance for understanding!

So. Relative is army reserve, deployed to Middle East and currently on two weeks R&R. And making noise about not going back.

I've searched many posts, and I can't seem to find a definitive answer to the question of...well, when does AWOL become desertion? I assume that signing an apartment lease or something similar automatically proves intent to stay away permanently?

What are the likely (I have read that the max punishments are rarely applied - but I might be wrong there) punishments during a time of war?


Any and all advice is greatly appreciated.

AWOL becomes desertion after 30 days of consecutive absence but there are some stipulations. A service member (SM) can be considered a deserter earlier than that if the intent to leave and not return can be established. A court martial conviction for desertion will need to establish two elements of desertion. One of those elements is generally the SM being returned to custody by civilian law enforcement.

There really is no typical punishment for AWOL or desertion. The punishments range from a slap on the wrist to death. The severity of your relatives punishment will depend on an infinite number of circumstances. I can assure you of one thing though, if he goes AWOL it will not end well for him.

 

[Proserpina]

AWOL becomes desertion after 30 days of consecutive absence but there are some stipulations. A service member (SM) can be considered a deserter earlier than that if the intent to leave and not return can be established. A court martial conviction for desertion will need to establish two elements of desertion. One of those elements is generally the SM being returned to custody by civilian law enforcement.

There really is no typical punishment for AWOL or desertion. The punishments range from a slap on the wrist to death. The severity of your relatives punishment will depend on an infinite number of circumstances. I can assure you of one thing though, if he goes AWOL it will not end well for him.

Thanks so much, ERAUPIKE.

Person in question already has one very recent article 15; obviously isn't making the best decisions at this point in time.

 

[cyjeff]

Review the number of posts we get here begging for someone to help them because their dishonorable is keeping them from getting jobs 25 years later.

have him stick it out or talk to the chaplain.

 

[Proserpina]

Review the number of posts we get here begging for someone to help them because their dishonorable is keeping them from getting jobs 25 years later.

have him stick it out or talk to the chaplain.

I know

I really do. Thank you.

 

[Shadowbunny]

If he doesn't want to talk to the mental health folks or the chaplain, he can also contact Military OneSource. They'll set up telephonic or online counseling, free of charge. It's a good resource -- I hope he makes use of it.

 

[EricTheRed101]

I'd have to guess that if he went AWOL while on R&R (ie, mid deployment) that his penalty will be rather severe.