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AWOL again

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kimmieb86

Junior Member
What is the name of your state? Nevada.
My son went AWOL from Ft Benning, GA, turned himself into Luke A/F on the 29th day for fear of being a desserter. Luke released him w/a provisional pass from his unit to return to his unit ASAP. Three weeks passed after the pass. He then turned himself into Ft Huachuca. Ft Huachuca flew him to Okalahama, Ft Sims(?). My son signed paperwork at Ft Sim to be discharged. The next morning he was told he was going back to his unit in Ft Benning, GA. He was not told why, but that his discharge was revoked and 'higher ups' said he had to go back to his unit. So, he flew back towards his unit, when he arrived in Georgia, he realized he might be headed into the hands of his 1st Srgt who wants to Court Marshall him. So, he took off, and is now AWOL again....he thinks if he would have gone back to his unit he would have a 'bad conduct discharge', now he thinks he's better off because after 31 days he will be off roll and no longer in the hands of his 1st srgt. and will receive a 'lesser than' bad conduct discharge. Is he mislead? Not sure how to help him...please advise....badapple are you out there? thx.
 


K

kimmieb86

Junior Member
peltlaw.com said:
Your son needs to talk to a Military Defense Counsel to explain his rights to him and explain the process. Multiple UA (AWOL) offenses can easily add up to a courts-martial. He needs to turn himself in with the assistance of an attorney as soon as possible.

Good Luck
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Thanks Jason. So, time is not on his side?
 
H

Happy Trails

Senior Member
peltlaw.com said:
Being UA or AWOL is in violation of Article 86 of the UCMJ. He will continue to be committing this offense until he turns himself in. Is there any difference between being gone 10 days vice 20 days, probably not. If he goes over 30 days then he could be declared a deserter and a Federal Warrant could be issued, this is called a DD-553. But the charge is the same, still Unauthorized Absence Article 86. He needs to be proactive, seek legal advice and turn himself in.

Feel free to email me direct with any further questions.
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peltlaw.com, you are in violation of the "Terms and Conditions" of this site.

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.
 
B

badapple40

Senior Member
Did your son, while he was at Ft. Sims? (was that Ft. Sill?) happen to get a DD214 and final pay?

If so, he can raise his middle finger at the military and tell them he is out and they can piss off.
 
K

kimmieb86

Junior Member
badapple40 said:
Did your son, while he was at Ft. Sims? (was that Ft. Sill?) happen to get a DD214 and final pay?

If so, he can raise his middle finger at the military and tell them he is out and they can piss off.
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________________________
Badapple, he got a DD460 (provisional pass) He did not get final pay because they were sending him back to his unit because he was only gone 30 days. If he doesn't go back to his unit, what are his options? He is thinks chosing to go back after 31 days and get a final discharge is in his best interest....
 
K

kimmieb86

Junior Member
kimmieb86 said:
________________________
Badapple, he got a DD460 (provisional pass) He did not get final pay because they were sending him back to his unit because he was only gone 30 days. If he doesn't go back to his unit, what are his options? He is thinks chosing to go back after 31 days and get a final discharge is in his best interest....
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In addition, while at Ft Sill, he had signed discharge paperwork (other than honorable discharge). He was told that in 6 months he could upgrade his discharge to general and reinstate himself in another military branch. Oddly enough, the next morning, they pulled him aside and told him his discharge was rovoked and he was going back to his unit.
 
A

ARMY-HELP

Member
--PARIDISE-- said:
Army-Help,

Did you read the fact that he is wanted on "Sexual Seduction of a Sibling"?
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I do not condone anything this boy has done,but it is time for him to grow up and be a man.He needs to make the rite choice and get his act together for the sake of his child.
 
R

rmet4nzkx

Senior Member
The sooner your son turns himself in the sooner the CM will be done the sooner his time at FT Leavenworth will be done and then what ever the state wants to do with his sorry butt.
As for marrying her, most states won't allow that either and by then she will be grown up and want nothing to do with him.

In other words, waiting to turn himself in will only make his punishment worse, NOT better. If you know where he is, call the police they will return him to the Army.
 
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