What happens when you go AWOL when your in AIT?

Question

A friend of mine went AWOL. He's only in his AIT (pretty sure thats what its called). He plans on going back before 30 days to turn himself in. Does anyone know what will happen? He's a great kid, he just realized the army isn't for him. Please no smart A** answers. I really want to know from your own/someone else experiance. Thanks! =D

I didn't mean "only" AIT... I don't know much about the army myself, so I figured being in AIT was different then being like deployed or what not.
Also, when he choose the job he wanted to do, they lied to him about what it entailed. He WANTS to do infantry and shooting, and everything. I personally think he would be more happier if he was in Iraq shooting at people. He doesn't like the job he's in, and unfortunetley he left, and he has to pay the price. I was just wanting to know what people thought from their experiance, would happen after he turns himself in. You don't need to judge him, because you don't know him, or what he's been through. Just please for future answers to my Question, just let me know what you think may happen after he turns himself in. It's greatly appreciated.

Another thing is. I know the rate of people going AWOL is like up by ALOT. Would this factor into him getting a lesser charge? The weekend before he left 5 people had gone AWOL just from his "area" ...

Answer 1

Hi,

Sorry to hear your buddy is AWOL (U.A. in Marines); this is a violation of artical 86, Uniform Code of Military Justice (UCMJ) ok; the 30 day issue is simply a guidline that separates A.W.O.L. from desertion; desertion is asumned after 30 days and a deserter can be charged with a more serious offense other than simple artical 86.

The maximum sentence for simple AWOL is 6 months confinement at hard labor; a Bad Conduct Discharge, reduction in rank (pay status); this can only be given by special court Martial; said copurt must be conviened with a Staff Sergeant or higher as court reporter (important for record).

In the event your freind is taken into custody prior to 30 days, it can, and may be shown that they intended desertion by documents they posses (travel papers to other areas or countries), packed clothing, statements made to relatives and friends ect; so, the 30 day issue rellay does not indicate much in the event the JAG (Judge Advocate General) wishes to hang him.

However, his commanding Officer has sole discretion on what to do about this whole matter, not JAG.

I reccomend your friend try this plan of action Fast in order to save himself Alot of trouble:

One, I'd go to a shrink Now, this afternoon, tell them your troubles and all about your stress; as it appears this is a stress issue in that the guy is having major issues with the military command structure; two, the guy call his command and speak with the Executive officer or Commanding Officer if available; simply apologize, tell them he screwed up and is stressed to the max; then make it clear your returning to military control right away and ask directions on how his command would like it done; follow the directions to a tee.
While back in military control you buddy may have some sympathy from his own C.O. who Alone, has the sole ability to make this an Issue or Not; the C.O. at his/her own discretion, can limit the punishment to minor captians mass (officer hours) and No Court-Martial as this is generally done in short term AWOL matters and Court Martials are done for serious offenses, like six months AWOL or desertion cases ect. Your buddy may end up with 3 weeks restriction and forfiet of 1/2 pay for two months ect...or maybe none of the above and extra duty is his C.O. THINKS IT IS IN EVERYONES BEST INTEREST.

I'm reading in some blogs above mine it's said you buddy has no right to an attorney; that's untrue, you buddy actually has that right and the right to refuse all minor methods of punishment and demand a Court-martial; but this is not needed as he does not know what posture his C.O. is yet taking.

Also, have the shrink contact his C.O. and let the C.O. get the stress report from the shrink; it may help get a little more sympathy for the guy as he obviously made a mistake; now, don't make it worse by waiting around. Do it Now.

I recommend he act fast, Today.

Answer 2

First, regardless of WHY he went AWOL, he still signed the papers, raised his right hand and took the oath voluntarily. The less than 30 days is to keep from being charged with desertion. It sounds to me as if he either made a poor choice, or allowed the recruiter to make the choice for him. In either case, AWOL is a real bad answer. When he returns, his company commander, will have to make a decision. The commander has the legal right to bust him to E1 (providing he's not there already), take two-thirds of his pay for a month and/or throw him in jail (not sure how long). It's totally up to the company commander. Now, your buddy can choose to not take the Article 15, which is a bad choice. See, the commander then would kick the charge up the chain of command to become a court martial, which means they can hit your buddy with stronger punishments.

Bottom line, it's tough to say what exactly will happen. Your buddy knew all the crash landings, he volunteered, just like the rest of us. The commander might take the pay from the last month and then recommend discharge. It is totally up to the commander, and your buddy has no right to a lawyer at all. Sounds unfair, but that's why we call it "non judicial punishment". The intent is to correct/punish the Soldier without leaving a permanent mark on his record.

Personally, my advice would be to return to AIT NOW, take the lumps he has coming to him, then sweat out his term. Who knows, he might actually end up liking what he's doing. Maybe when he goes to reenlist, he switches to a specialty he'd prefer.

Understand that using the "GI Rights" hotline that another user posted can be difficult, at best. Why? Because the Soldier ends up being a pain in the butt for the leadership. Sweat the term out and get out of the service in due course. That is, bar none, the easiest way to get out. Also, it leaves a good taste in everyone's mouth, and - OMG - the soldier might actually get a letter of recommendation from his commander or first sergeant. Trying to get out on an administrative separation is tricky and ends up getting the Soldier branded as a "Guardhouse Lawyer." Yes, all Soldiers have rights WITHIN the military's system. YES, the commander is supposed to be upholding those rights. Simply stating, "this isn't for me" is not grounds for up and going AWOL. That does not cut it. I've done this gig for 18 years now and will likely serve 12 more. The buddy of yours really needs to go back and serve his term and get out on a positive note.

Answer 3

I had an idiot that did this to me when I was an AIT leader. We busted him in rank to E-1, gave him MAX punishment under the UCMJ (Field Grade Article 15) recycled him to the next class and he had to finish the AIT on extra duty with no privileges.

If he is in a combat service and support AIT, the Army can choose to recycle him from that into the Infantry and I hope they do. Don't care if he figured out the Army "isn't for him." When he signed the papers and shipped he made a choice. Now he broke the law and should be treated like the criminal he is.

Answer 4

He signed a contract for X number of years. The Army will get that time from him one way or another.

Answer 5

Most likely he'll receive an "other than honorable discharge". If they wish they may give him a "dishonorable". Just depends. He can go back now, they won't throw him back in the rotation.

Answer 6

Guess he should of thought about HIS CHOICE to join in the first place. And that part about being "only" AIT...that won't matter.

Answer 7

Worse?? 2 years confinement..least, Bad conduct discharge,.

Answer 8

http://www.objector.org/girights/awol.html

I hope this helps.