AWOL/Ft. Knox- Turning Yourself In

[nastynaj108]

I was also stationed in Fort Wainwright and i went AWOL a little over a year ago, but i have been nervous to turn myself in because they are currently deployed. the orders weren't cut when i left, but i knew they were going. Am i still considered a deserter and does the fact that my unit is deployed have anything to do with them keeping me in the army any longer?

 

[ERAUPIKE]

I was also stationed in Fort Wainwright and i went AWOL a little over a year ago, but i have been nervous to turn myself in because they are currently deployed. the orders weren't cut when i left, but i knew they were going. Am i still considered a deserter and does the fact that my unit is deployed have anything to do with them keeping me in the army any longer?

You need to turn yourself in ASAP.

 

[ERAUPIKE]

My husband was awol when his unit got deployed and his discharge took about the same amount of time as everyone else in PCF. Every situation is different though- they most likely don't want to keep you in the army just because of that. No guarantee on jail time though- they told my husband he was lucky they weren't giving him six months to a year. Other guys who went awol before deployment got jail time, some didn't. They all got discharges except one who had to beg and plead to stay in. Turn yourself in before you get picked up though, it's much worse. Just make sure you are DFR.

You are dangerously close to the line here. I will remind you that it is a federal offense to encourage any person to become a deserter. Any service member that is currently AWOL or has crossed into deserter status will be best served by turning themselves in, period.

You have no real knowledge of the UCMJ and the processes that the branches of the military will use to process these individuals. Your time and opinion are wasted here. Please do not post advice based on your second hand knowledge of a single event. It is not productive and it is not correct 100% of the time.

 

[BsBfrantic]

Being a deserter is not fun- I would never encourage it. There is always the chance of getting arrested, you can't get a job, etc. Turning yourself in and getting discharged or staying in is something that is in my opinion always better than being on the run and being scared of what might happen. I need to learn to elaborate or choose my words more carefully- that's all =) Rephrase to possibly "It could be a good idea to check if you are DFR because the process and possible consequences might be different" He was also wondering if he was still a deserter just making sure he was DFR before turning himself in would let him know if he was "still" a deserter.

 

[ERAUPIKE]

I need to learn to elaborate or choose my words more carefully

Please learn to do that before you post again. Here are some easy questions that will answer the deserter question. Have you been AWOL for 30 days? If so you are a deserter. Case closed.

 

[objetora]

Deserter

There is a lot of confusion about the term "deserter". There are two meanings to this word in the military. One is your administrative status: typically, after 30 days absence your CO submits paperwork (to Ft. Knox, in the Army) changing your administrative status from AWOL to deserter. This does not in any way mean that you are being charged with the crime of desertion under the UCMJ. The second meaning is just that: someone who commits the crime of desertion. The UCMJ and the MCM (Manual for Courts-Martial) spell out exactly what that is. In particular, it's a crime of intent: that is, to be charged with desertion, they have to prove that you had the intent either (1) to stay away forever or (2) avoid hazardous duty.

So, you can protect yourself from the charge of desertion by bringing with you evidence that the reason you went AWOL was not to avoid hazardous duty but something like taking care of a parent, dealing with medical issues, etc.

Susan

 

[objetora]

Your confusion, not mine

The confusion that I was referring to is the difference between being classified administratively as a "deserter", after (approximately) 30 days absence versus being charged, for court-martial, with the crime of desertion.

The crime of desertion has two, essentially independent, aspects: either intent to stay away indefinitely (which is negated by turning oneself in) or intent to avoid hazardous duty. See Article 85 of the UCMJ or the MCM.

On the other hand, after 30 days absence, one's CO is supposed to file the paperwork to change one's administrative status to "deserter". This does not imply that you are being charged with the crime of desertion.

I have personally handled hundreds of cases of GIs who have been absent more than 30 days who have never been charged with desertion (and have been discharged administratively, that is, without court-martial). On the other hand, you could be charged with desertion after an absence of only a few days if the circumstances warranted it: fleeing to another country, for example, or leaving your post in the middle of a battle.

What happens, though, is that a sergeant or CO will call the absentee and say, "If you don't get your >>bleeping<< ass back here by Monday, you'll be a deserter." What that sergeant or CO means is that you'll be administratively classified as a deserter, not that you'll be charged with the crime of desertion.

Susan

 

[ERAUPIKE]

The confusion that I was referring to is the difference between being classified administratively as a "deserter", after (approximately) 30 days absence versus being charged, for court-martial, with the crime of desertion.

The crime of desertion has two, essentially independent, aspects: either intent to stay away indefinitely (which is negated by turning oneself in) or intent to avoid hazardous duty. See Article 85 of the UCMJ or the MCM.

On the other hand, after 30 days absence, one's CO is supposed to file the paperwork to change one's administrative status to "deserter". This does not imply that you are being charged with the crime of desertion.

I have personally handled hundreds of cases of GIs who have been absent more than 30 days who have never been charged with desertion (and have been discharged administratively, that is, without court-martial). On the other hand, you could be charged with desertion after an absence of only a few days if the circumstances warranted it: fleeing to another country, for example, or leaving your post in the middle of a battle.

What happens, though, is that a sergeant or CO will call the absentee and say, "If you don't get your >>bleeping<< ass back here by Monday, you'll be a deserter." What that sergeant or CO means is that you'll be administratively classified as a deserter, not that you'll be charged with the crime of desertion.

Susan

You again left out one very important element of a desertion charge, the absence being ended by apprehension. Again, the solider can very easily be charged with deserting if the job they perform is considered a very subjective "important."