Army Brother & Wife: AWOL, Domestic Violence, & Jail...?

Question

My younger brother and his wife are both Field Medics in the US Army. They went AWOL about 3 1/2 months ago, due to my brother not wanting his wife to get sent to Iraq.

Well, two days ago...my brother called me...he and his wife had both been arrested about 2 hours east of where I live, due to domestic violence. Guess they were having an argument and the cops got called. Anyways, I couldn't post bail, because they were also being held by the Army.

Well, my question is...what exactly is going to happen to them when they get taken back to base here in Colorado. My brother wants to be discharged, his wife...wants to stay in the military. They've been gone so long, they probably won't be able to stay in, plus the whole mistameaner charge.

Another thing, my brother isn't a US citizen...could he get a felony and get deported back to the UK???

****NOTE: Yes, I posted something about this two weeks ago. But this was before he got intouch with me and before he got arrested...****

Answer 1

Judge Dredd is right: It does depend on their Chain of Command. I've seen such wide disparity in such cases, in terms of leniency and harshness (depending on the circumstances, of course) ... it tool one guy who was a deserter for 8 years (got picked up right before we left for Iraq in 2003, arrested for speeding) who got sent back to his original unit to get chaptered out of the service. Needless to say when I got to work that morning it was like "Who the hell is this guy?"

On the other end of the spectrum, I saw a guy I knew personally get 12 years in Leavenworth, but there were drugs and sexual assault involved on top of his two AWOL offenses, so no surprise.

When your brother and sister-in-law get taken back to Fort Carson, they'll be taken in by Rear Detachment (who handle the affairs back home while the unit is deployed). Rear D is usually run by a junior officer (say, a Captain) who can't deploy for whatever reason. They'll hold both in limbo for a while at the barracks (they sure as hell won't let them live off post now). They'll put those two to work doing odd jobs landscaping the area. They'll man the Staff Duty Desk and pretty much be gophers until they get their readings.

The Article 15 readings (Field Grade, definitely) will reduce them in rank, take their pay away, and pretty much reduce them to slave labor for about 45 days. Then they'll start the paperwork; I don't know what was up with the domestic violence situation, so that could either get swept under the rug (seen it happen) or it could go all the way (which means Lautenberg Act kicks in, and your brother is guaranteed to get kicked out). I sincerely doubt either will be allowed to stay in service.

If things go gently, they'll just do a straight chapter with administrative separation - which is the equivalent of taking their service record and putting it in the shredder. It's done quickly and it gets them off the unit's books, so if they're in a rush they'll just do this. If things go bad, they'll do a general discharge under other than honorable conditions, which is a boot to the face. Bad conduct and dishonorable discharges are if the Chain of Command is really intent on setting an example or if the individuals involved are real douchebags.

Your brother won't be deported because he isn't an American citizen, but he will never get American citizenship now. He'll just stay a Permanent Resident thanks to the good luck in being married to an American citizen.

EDIT ON THIS POINT: j.d., we're talking a misdemeanor here, not homicide or drug trafficking. I'm a naturalized citizen that had to fight through the old INS system and after it became USCIS (and ended up becoming the unit coordinator for naturalization applicants). Both these people are in the military justice system, which is bad enough. The discharge paperwork alone will deep-six his chances for naturalization, but where in USCIS policy does it state that deportation is automatic for even that?

What's really retarded about this is that your sister-in-law, even if she was a 91W medic, would likely NEVER have seen the outside of the wire. Depending on the sort of unit they were with, she'd have been at the PX and Food Court day in and day out, and getting a really good tan by a swimming pool.

As for those screaming "Leavenworth!" and "Jail Time!" - you all need to stop it with the lynch mob action. If we attempted to put everyone who went AWOL or deserted in incarceration, we'd be issuing ticket stubs so prisoners could take turns being sent in, and we'd probably end up with weekend release programs. You all need a reality check.

I consider it an absolute waste of two good lives, but they chose. They'll just have to live with that from now on.

Answer 2

It really does depend on what your brother's chain of command decides to do. First, they could administratively separate your brother from the Army. This means an "other than honorable" discharge - which sounds bad and to some extent it is, but its administrative rather than punitive. This way there would be no court-martial and no criminal record for the AWOL. Before admin separating him, however, they're likey to punish him under Article 15 of the UCMJ - again this is considered non-judicial punishment and won't go on a any criminal record - its not reported to the NCIC. However, that is the best case scenario. Other, more likely scenarios are either a Special or General Court MArtial. Special Court martials are akin to misdemeanor courts and General Court MArtials are akin to felony courts. Military crimes themselves are broken down into misdemeanor or felony. Rather there is a maximum punishment possible for each crime, but the no matter what that max is, at a special court martial a servicemember cannot bet sentenced to more than 12 months confinement and a Bad Conduct Discharge. The full range of punishment available for the particular crime can be awarded at a General Court Martial. Now as far as the crime committed, it depends on whether your brother is charged with Article 85 - desertion or Article 86 AWOL. Basically desertion is worse, but the Government has the burden of proving that your brother intended to remain away from his duty "permanently." This is tough to do, since you've got to prove a negative. Had your brother skipped the country, torn up ID card, burned his uniforms, etc., then you've got desertion. Otherwise you're looking at 86. Still, in recent years these AWOL offenses have been getting serious sentences. I think at a minimum he's looking at day for day in jail for the time he was gone, a Bad Conduct discharge, reduction to E-1 and Forfeiture of all pay. The Jail time could even be increased since we're at war and his AWOL was terminated by apprehension, rather than him voluntarily coming back.

Answer 3

More than liklely they will both get discharged not only for the AWOL because they are to much of a liability but if one or both get convicted of domestic violence they will no longer be able to be in the Armed Forces due to the Lautenburg Act which violates anyone convicted of domestic violence from carrying a weapon. Any the military doesn't want weaponless soldiers.
Plus if your brothers wife missed the deployment to Iraq that is a charge of missing a movement so i think the max penalty for that is death but no one gets that now a days so probably just a little jail time.

Answer 4

Don't know if AWOL is a felony. Being married is no longer a guarantee of residency. I would think when the spouse visa if it comes up for final approval there might be complications. When the passport has to be renewed gets another lookover to any visas that carry forward. Divorce cancels the spouse visa at that point. AWOL is usually Dishonorable Discharge, loss of benefits with some time in the brig. AWOL is military law.

Answer 5

As an MP I have handled many AWOLS. I know in Ft Hood Tx if they come back or get arrested by our Awol apprehension unit they get outproecessed and given a dishonorable discharge. Which means he wont ven be able to get a job in Burger King.
As far as the Family Violance charge he would have to go see a judge on that. I don't know what the penalties are for family violance in Colorado here in TX is a class B misdemeanor.
If he plans to get his citizenship through INS they might frown upon that, if he gets convicted and sent to jail by the judge

Hope this helps.

Answer 6

i hope this helps 1st they will be court marshaled and will more than likely be jailed its a serious offence to go AWOL.
2ND he may be deported he has really dishonourably gone against his oath to protect citizens of the USA.
again this is the same thing that's happened in Britain a policeman has decided he dint want to do is duties protecting the Israeli embassy cause his wife's from Lebanon.
and my answer will be the same deport sorry no sympathy here .
as for his wife she also may be kicked out of the army for going AWOL.you join the army knowing you may after go overseas and you cant pick and choose where you want to go .
so my feelings are jail them and deport him back to UK.
but we don't want him in the British army either.
if HE CANT DO HIS DUTY THEN DONT JOIN THE FORCES.
I KNOW YOUR CONCERNED BUT HES A BIG BOY NOW AND HE MADE THE DECISIONS AND GOOD OR BAD ITS NOW TIME OF RECKONING

Answer 7

oh dear, my uncle went AWOL ( absent with out leave) in the uk, well for my army camp, for every 2 days you go AWOL you get 1 week in the glass house, ( military prison in colchester) so after he is arrested he could be looking at a while in prison. if he is married to a us citizen he may or may not get deported, depends weather it is his CO that deals with him or a higher ranking person. hope all goes ok, but if he is willing to help his country in the army then he should be man enough to go away to other countries to help.

Answer 8

Penalties for going AWOL range from a bad-conduct discharge to a court martial and jail time.

Answer 9

Its all up to their commander. Usually they will be chaptered out of the service and normally receive an other than honorable discharge (sometimes a bad conduct, but thats rare). THEY WILL NOT BE COURT MARTIALED NOR WILL THEY BE JAILED just becuase they were charged with desertion (the exception is if they are being charged with something else on top of desertion). People who say they will watch too much TV.

Answer 10

this appears to be quite complicated!

i think that you should contact the army's legal services. they will be able to advise you on any military charges being brought against your brother and his wife.

i don't think that a.w.o.l counts as a misdemeanor, i think it's a lot more serious than that...unless you meant the domestic violence situation? again, i think the army's legal service would be able to inform you if any civil charges were being brought against them.

if you do a search for whichever facility they're based at, you could probably get contact details for the legal dept there. def worth talking to them, i think.

good luck!