he has been a-wall for a month and a half now and i want to know if he is going to be in prison or not so that ican be prepared. I dont know much else but someone please help me out here.
2007-04-12 04:16:40 · 18 answers · asked by Deeders09 1 in Politics & Government ➔ Military
AWOL stands for "Absent Without Leave". . Desertion is more serious. Typically, after 30 days AWOL he becomes a deserter.
Tell your fiance to call his post and turn himself in. Get a lawyer. They may just give him an "other than honorable" discharge. They may not. The longer he stays out in the cold, the more of a chance they will hunt him down and put him in jail. Tell him to do the right thing and turn himself in.
From an article in a paper:
"More than 90 percent of soldiers labeled as deserters never face a court-martial, according to Army spokesmen. They negotiate a release rather than go to trial, and are out of the Army within a few weeks. And many who are tried receive an unfavorable discharge, but no further jail time."
2007-04-12 04:31:16 · answer #1 · answered by Jimmy Petrucco 3 · 3⤊ 1⤋
If he did it while he was in basic training he will probably be arrested an charged with desertion, but the charges will probably be dropped an he will be discharged as a "failure to adapt" but that is alway up the to military courts to decide. If he was already in a unit he will probably end up spending some time in a military prison. If he was in a unit that had recieved orders to deploy to Iraq or was in Iraq he could be looking at a LOT of time. The best thing for him to do would be to go back. It will effectively ruin his life. That kind of thing does not go away. I've seen soldiers get brought in that had gone awol 12 years ago. It will stop him from ever getting a job that requires a background check. So unless he wants to work for 8 bucks an hour for the rest of his life tell him to be a man and face the consequences of his actions.
2007-04-12 04:41:49 · answer #2 · answered by riley2504 2 · 2⤊ 1⤋
If he never finished his initial training or made it to his first unit he will be sent to one of two places, either Ft Knox, KY or Ft Sill, OK, where he will be processed out and sent home.
If he went AWOL after making to his first unit and what happens to him depends completely upon his unit commander. He could get an Article 15 or he may be court martialed (very rare unless there are other charges pending). He could be discharged, but not necessarily. While he is back at his unit he will, more than likely, live in the barracks with the rest of the soldiers.
If he is arrested by civilian law enforcement (there is or will be a warrant for his arrest) he will be held in a civilian jail until the military takes custody of him. Normally, AWOLs and deserters are not incarcerated after they have been returned to military control.
The best thing he can do is to surrender himself to the closest military base. It makes things easier if its a branch that he belongs to. I can only speak for the Army, but more than likely he'll get a plane ticket and sent on his own to report to Ft Sill or Ft Knox, unless he has deserter more than once then he requires an escort.
2007-04-12 04:46:58 · answer #3 · answered by Judge Dredd 5 · 1⤊ 0⤋
Well if he is with you, you can go to jail too for harboring him. He is AWOL and during a time of war that is a really big charge. Yes he can be sent to a military brig or prison. He needs to be a man and return and get the punishment he has earned. He won't get very far anyway. He can't get a job, he can't go to college, and if he gets pulled over by the police or gets into any other trouble he will go to civilian jail and then get sent back to the Army via the Army brig and trial. Why would you want to marry a criminal? He needs to grow up and remember that NOBODY asked him to enlist, he volunteered. Nothing in life is easy, but you can't just run like a baby every time something gets hard or scary. Lots of things in life are like this and if everyone bailed on responsibility nothing would ever get accomplished.
2007-04-12 05:12:27 · answer #4 · answered by Anonymous · 2⤊ 1⤋
There are 2 articles of the Uniform Code of Military Justice that he could be charged under. Article 85 is the DESERTION article. Article 86 is the ABSENT WITHOUT LEAVE (AWOL) article. There is a very fine line between DESERTION and being AWOL. The military has the option to charge someone who is AWOL with desertion. Actually, the difference between the two articles is INTENT. However, if the service member is charged with desertion, it is up to him/her to prove he/she did not leave with the intent to desert. Being AWOL does not AUTOMATICALLY become DESERTION after 30 days. That is just an option his/her command has. A service member can be gone 24 hours and be charged with DESERTION. A service member can be gone 20 years and only be charged with being AWOL.
Either way, your fiance (I hope it's EX-fiance by now) is in deep kimchee no matter how he cuts it. If he runs from the military when things got tough, how will he treat a marriage when things get a bit rough?
(USN, retired)
To TOMMY THE CAT (SGT, USMC), Article 87 of the UCMJ is the MISSING MOVEMENT article.
2007-04-12 12:04:31 · answer #5 · answered by Anonymous · 1⤊ 1⤋
first he went AWOL (absent without leave). that wasn't so bad, many in the armed forces do, could happen for a variety of reasons. he would get office hours or Captains mast and a slap on the wrist to whatever degree.
a month and a half absence has upgraded the charge to desertion, a federal offese, and a very serious charge in time of war. now you're talking about possible federal prison time, and/or a bad conduct or dishonorable discharge which will alter his life. he has just guaranteed himself a life of shame and lowend jobs.
he has one opportunity right now and that is to negotiate with his unit commander and avoid charges of desertion.
Desertion is one of the most shameful things a young man (or woman) can ever do. I can find it in my heart to forgive and forget some things that might make others shudder. but i cannot and will not forgive cowardice.! few will.
time to find a new guy.
2007-04-12 04:42:56 · answer #6 · answered by Anonymous · 4⤊ 0⤋
Maybe she has doubts approximately marrying into the navy or is scared to be on my own at all times that you are long gone. Military existence isn't for everybody, and it is higher not to rush into matters. Why does she relatively desire to attend? Waiting to look what occurs is not a truly intent; you men have to speak this out. Financially and logistically it makes extra experience to get married earlier than you go away for fundamental. However, emotionally it could now not be the quality option. Good good fortune with the whole thing and be nontoxic.
2016-09-05 10:56:18 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Article 86, Uniform Code of Military Justice
AWOL - Absent Without Leave
UA - Unauthorized Absence
Same thing.
Article 87, Uniform Code of Military Justice
Desertion - On the 31st day of being absent without leave, one is considered a deserter.
Desertion carries a harsher punishment than just being UA. He should really just turn himself in. In my book, he's a coward.
2007-04-12 04:38:38 · answer #8 · answered by Anonymous · 5⤊ 0⤋
He will be spending time in the Brig. And it is AWOL. Absent Without Leave. Then Desertion. He should have been a man and fulfilled his obligation.
USMC 1983-1989
2007-04-12 04:22:38 · answer #9 · answered by Anonymous · 5⤊ 1⤋
Well your husband should have grown some balls and some common sense. Now because he has gone AWOL he will be spending more time in prison then he would have served on his contract. Hes AWOL until 30 days, then after that its considered Desertion.
Also why would you wanna marry this man, excuse me, this p u s s y? His actions already demonstrates that he is unable to commit. If he can't stand the suffering in the Army what makes you think he take something more hellacious like being married?!
2007-04-12 04:22:10 · answer #10 · answered by DewBerry 3 · 6⤊ 3⤋