Over 30 days AWOL, turning self in, what happens next?

Question

Someone that lives in my home has been AWOL over 30 days. She got hurt during basic and was held over for a month. After NCOs cheated on her PT test she was transfered to AIT. She arrived at AIT hurt worse than ever. Was a hold under at AIT and no date for when her class would start. All this caused her mental problems(suicidal) and physical problems, Doctors were no help. Soldiers made fun of her being hurt....She left one day when NCO told her to go AWOL if she couldnt keep up. She needed to "tap out".

She wants to turn herself in and forget the nightmare the Army has put her through.What will happen if she turns herself in? I am convenced that the Army life will cause her to do something bad to herself. The best thing is for her to do get this Army over with and be civilian. For her life sake.
What happens when one is not suited for Army and turns theirself in?
I only want real answers....I know death is in umcj but not likely to happen.

Answer 1

There are two ways to handle this. Contact the nearest base and find the CHAPLAIN and tell him what is going on and he will help you out, or contact the base Psychiatrist and hopefully get a medical discharge.

Other wise, she may have to go to the JAG office and they will just Court martial her with really no defence. As there is none for awol. You are either there or you are not there open and closed.

Answer 2

The majority of the answers you have received seem pretty squared away.Definitely get a lawyer, all records, actual information a chronology that can be corroborated and make sure you have the entire truth.

The information you have provided sounds shaky. If she was injured in BCT and AIT there should be medical records of her going on sick call. Any "hold" or other reasons for not remaining with her training class should have a paperwork trail.The army is fanatical about keeping records.
Get copies o those records (your attorney should be able to get them)

Look up and research the difference between:

UCMJ Article 85 - Desertion (a felony)
*the key elements are that the person has been absent without authority for 30 consecutive days and the person has to have the intent of remaining away permanently.

UCMJ Article 86 - AWOL (not a felony)
Left the unit and and has remained away for 29 day or less with the intention of returning under military control.

Have her get all her information and paperwork together, get a lawyer and report back to the station or base she left from. And she needs to be 100% truthful. If the military JAG (judge or presiding officer catches her in a lie; it's all over.

Answer 3

This girl is a mess. I am a Paralegal NCO and if she turns herself in, there is a good possibility that she can get a general discharge which will not hurt her chances on getting a job on the outside, but from the look of things she has got some serious issues with herself. Where did she go for basic and AIT. There is a chapter in the Army that she can get out on and would have been able to get out with no characterization of service. I know that you want the best for this girl and I honestly think that if someone would talk to the Legal Office where-ever she went AWOL from, she can get out on a General characterization of service.

Answer 4

I dont think she is telling the whole truth. They would not of lied to get her into AIT. They are trying to make sure she is physically prepared to go to war.

She obviously went about this all wrong. The first 6 months in the military you can be given a general discharge and later bumped up to an honoral discharge under the failure to adapt rules....

With going AWOL she will now have to go through a court martial facing charges under the UCMJ. Most likely what will happen is she will be given a dishonorable dicharge and it will be over after that. This will effect her is she wants certain civilian jobs such as working work the goverment, civilian law enforcement and so on.

I recommend that she get this fixed ASAP. Its only going to get worse with time. So the sooner she gets through this the sooner she can put it in her past.

Answer 5

If it's within six months of initial enlistment, she'll probably get an administrative discharge. That's not bad, but she won't qualify for any veterans benefits later (GI Bill, VA homeloans, etc). If it's been more than six months since she enlisted, she'll probably just get a bad conduct discharge (BCD). She might have to spend a few weeks in the brig, but probably not. The military usually wants to divorce itself from people like your friend as much as your friend wants out, and it's just not worth the hassle.

All that said, though, she would be wise to retain counsel. Not a JAG officer, but a civilian lawyer. The goal isn't to go to court martial, just to make sure her rights are respected.

Your friend will have a black mark on her for life after this, the only goal now should be to minimize how large a mark it is. If she was truly hurt in basic, she could've gotten a medical discharge and lifelong pension. Now she'll get nothing. Let that be a lesson to anyone else who thinks avoiding a problem is better than facing up to it.

Answer 6

The UCMJ states that: (Uniform Code of Military Justice), not UMCJ.
For actions being "Absent without leave" (AWOL)
Punishment including but not limited to:
Article 15 Repremand
In basic training:
Being recycled to an earlier week of training (WOT) while being retained in military service.
Article 15's can be issued in basic training as well along with a possible dishonorable discharge on her DD214 which will affect civilian employment opportunities in a minor way.

Answer 7

First of all she needs to seek professional (civilian) help and be assessed, they are not that difficult to get on side. The military is horrified when civilians get involved. Second, stage manage the situation when she turns herself in. Do an interview with the local newspaper and, if possible, contact the local television channel. Have T-shirts printed and make her a local celebrity. Not only will she get a minimum sentence, as the military wont want further publicity but it may also give her an anger and a cause to fight for which hopefully will lead to a more positive future. Good Luck.
I was in the military for 16 years and had an interesting time screwing the system up.

Answer 8

She will need to turn herself in, or will be arrested when a warrant is issued. She'll then await the MPs in the local jail, and will be returned to a base to await courtmartial. Once sentenced, she could be discharged (either without-honor or dishonorable), or even sentenced to a little prison time. The best thing to do is to get it over with, because the longer she is AWOL, the worse the punishment.

Answer 9

If she has not done 180 days at her "regular duty station" then she will more than likely get a faliure to addapt which is another way of saying that she couldnt hack it. she needs to turn herself in and let the prosses start it will take some time but it will just take longer if she stays awol. The milatary is not for everyone I completely understand this but there where better ways then going awol to get out, but at least she is honest with herself and didnt fail someone on the battle field.

Answer 10

Two things can happen you will be allowed to stay in or they will kick you out with an Other then Honorable discharge and this is all up th your Chain of Command. That is what I have done for the past year dealing with AWOL soldiers and most of them I have chaptered out of the Military.