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What is the punishment these days for being a drifter or AWOL from the military? Does it carry a jail sentence??

2007-08-22 12:27:44 · 11 answers · asked by me 3 in Politics & Government Military

Let me clarify that this question is not about me. I know it sounds cliche but i seriously know someone who is awol from the marines and is currently drifting around, trying to avoid detection. he was stationed in hawaii (marines), i believe scheduled to go to Iraq soon, when he booked a flight back to the states. . .

2007-08-22 12:42:34 · update #1

i believe he has been gone for a few weeks and has no plans of returning. if they catch you do you have to go back to service or can you request to be discharged??

2007-08-22 12:46:14 · update #2

11 answers

Most of these people answering need to do some research before answering. If the individual is definitely AWOL or as the Navy and Marines call it (U.A. Unauthorized Absence), he is presently on a list of military members absent from their command which is added to the National Crime Information Computer System within a few days of his or her being gone past a period of 30 days. After 30 days, they can be listed as an Official Deserter from Military duty and their hometown police department will be notified. The cannot obtain any type of job which requires a background check, as their name will boing boing as being wanted by the Military. If they are involved in any type of criminal mischief including traffic offenses, they will be apprehended as their name is listed as a fugitive.
When I was stationed at NTC/RTC Great Lakes, an individual was apprehended simply because he was at a loud party in California when the police arrived. His name was taken and he was arrested and turned over to the Naval Investigative Service.
As to punnishment, it would depend on the time he has been gone and his Commanding Officer. If he is apprehended without is I.D. card or it is discarded, he could be charged with desertion. That is a hard case to prove unless they can prove such as his I.D. was destroyed that he had no intent of returning. Normally, they are charged with U.A. for so many days and their C.O. determines the punnishment at Captains Mast a non-judicial punnishment like a traffic court. He can refer it to a Courts-Martial for punnishment. He could at Courts-Martial receive a Bad Conduct or General Discharge under other than Honorable Conditions. He will most likely serve time in a Navy Brig with a reduction in rank and a severe fine.
As to a Dishonorable Discharge, there is only one way he can receive a Dishonorable Discharge. That has to be handed down by a General Courts-Martial. There is also a Summary Courts-Martial and a Special Courts-Martial.

Here are some of the Articles of the UCMJ (Uniform Code of Military Justice) that an article 32 hearing could result in.
Article 15 Non Judicial Punnishment. Subject to limitations of the Commanding Officer as I listed above.
He could be charged under Article 85 Desertion, punnishable only by a Courts-Martial. Article 86 Unauthorized Absence punnishable by C.O. Mast or Courts-Marcial.
Article 87 Missing Movement, either C.O. Mast or Courts-Martial, article 92 Failure to obey a lawful order or regulation. Normally Articles 86, 87 and 92 are handled by Commanding Officers Mast.
As to his being shot. There has only been one serviceman put to death by firing squad in years and that was a Private during World War II. The ONLY way an individual can be put to death is by order of a GENERAL COURTS-MARTIAL and that has to be by unanimous decision by the members.
If you read the punnishment it states basically, the individual shall be punished by such means other than death as a Courts-Martial may direct.

If you doubt me, check the websites I listed, or search under UCMJ and Courts-Martial

2007-08-22 14:03:45 · answer #1 · answered by handyman 3 · 0 0

It absolutely does carry brig time, especially in a time of war. The severity of the punishment depends a lot on how long an individual is gone and if he returns on his own volition.

In less dramatic circumstances, when an individual is gone a few days or over a weekend, the penalty isn't always that severe. Court Marshall would probably be replaced with office hours. Priviledges such as liberty may be lost for a time, sometimes the loss of a stripe or two is the penalty.

Repeated offenses will almost assure anyone, of some brig time.

2007-08-22 12:43:52 · answer #2 · answered by Anonymous · 0 0

Depends......if he comes back on his own, chances are he'll get nonjudicial punishment, meaning most likely Field Grade Article 15 resulting in reduction in rank, loss of X amount of pay, restriction, written or oral reprimand. He may get a court martial, depends on the chain of command and how long he's been gone. But if he's CAUGHT, that's DEFINITELY court martial and jail time guaranteed. Also, if he's gone for 30 days or more, he's no longer considered AWOL but a deserter and he's dropped from roles. His best bet is to turn himself before the 30 days are up, and if they're up already, then he still needs to turn himself before he gets caught by swiping his credit card or something crazy.

2007-08-22 13:54:27 · answer #3 · answered by Anonymous · 1 0

If he returns before thirty days of unathorized absence, his commanding officer can decide on nonjudicial punishment. That would mean restriction to the base, loss of one paygrade, extra duty, and a fine. After thirty days, he becomes a deserter and will most likely be court-martialled. The court martial may lead to confinement in a brig, maybe a prison term. If court martialed, he will likely to be given a bad conduct discharge that will follow him for the rest of his life.

2007-08-22 14:37:07 · answer #4 · answered by wichitaor1 7 · 0 0

they're merely no longer searching for her.. it is no longer something that her unit will spend a great form of time on.. If she did no longer show up, it could desire to have been pronounced and alter into an factor to her provider record. could desire to she be in hardship? I say particular to a pair degree, yet whilst she contacts her unit and has a proof she could merely land up with a below horonable discharge. The safeguard does not want undersirables anymore than the different branches do.. the excellent element she will do is have somebody inquire approximately it for her.

2016-10-09 01:42:16 · answer #5 · answered by Anonymous · 0 0

It can lead to a jail sentence, but not very often. Usually reduction in rank to the lowest grade and a dishonorable discharge. Good luck getting a job with that one hanging over your head.

2007-08-22 12:36:22 · answer #6 · answered by tallerfella 7 · 0 0

Sooner or later it will catch up with him. When he gets stopped for a traffic violation, tries to get a job that requires a security check (that's a lot of jobs), tries to buy a gun, tries to get any kind of a professional license. He can go to jail but not very likely. He needs to get his tail back to the nearest base and turn himself in before he screws up his life anymore.

2007-08-22 14:01:54 · answer #7 · answered by Anonymous · 1 0

Odds are, he'll spend at least the rest of his enlistment time (possibly some extra) turning big rocks into little rocks. The longer he waits, the worse it will be when he is caught.

2007-08-23 13:08:45 · answer #8 · answered by Anonymous · 0 0

They used to shoot deserters (a person unauthorized absence during war). But yes, jail time is comming if he is caught.

2007-08-22 12:56:57 · answer #9 · answered by Coach 6 · 0 0

yea it def. depends on your standing with your officers, but any kind of dishonorable discharge will prevent you from getting any job except for one at McDonald's...hope you like French fries.

2007-08-22 12:38:48 · answer #10 · answered by Anonymous · 0 0

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