View Full Version : Looking for info about returning to the Military after Unauthorized Absense
Anthy 11-10-2005, 11:07 AM First off I apologize for not introducing myself in the introductions thread.
I'm currently in contact with a friend who has been UA from the navy for 16 months. She's considering turning herself in to Naval Station Norfolk. I'd appreciate any information on what could happen to her when she does.
Thanks.
discoball 11-10-2005, 08:32 PM I just found this info, seems like pretty good stuff(good luck)
Unauthorized Absence (UA)/Absence Without Leave (AWOL)http://www.sldn.org/images/spacer.gifWhen faced with investigation or harassment, some service members are tempted to leave their units without permission. Going AWOL (Absence Without Leave), referred to in the Navy as UA (Unauthorized Absence), is a violation of Article 86 of the Uniform Code of Military Justice (UCMJ). It is a serious matter that nearly always hurts service members more than it helps them.
Service members who go AWOL may face arrest and nearly always face punishment, including restriction, non-judicial punishment (NJP) and even court-martial. Going AWOL may increase a service member’s chance of getting an Other Than Honorable (OTH) discharge. It usually makes the discharge process go slower for those who want to get out of the military and can lead to confinement.
Service members who go AWOL sometimes miss a movement or deployment. “Missing movement” is a violation of Article 87 of the UCMJ. This is a serious offense that can result in court-martial or increase the chances of an Other Than Honorable discharge based on misconduct.
After being AWOL for more than 30 days, a service member is administratively classified as a deserter which means a federal warrant is issues for the service member’s arrest and the service member could face even harsher treatment, including court-martial.
By law, civilian advocates may assist AWOL service members as long as they do not “urge” or “counsel” service members to stay AWOL. They are not required to turn in AWOL soldiers and are not prohibited from giving information to service members who do not want to return. Advocates may assist service members in returning to the military but the decision to go back belongs to the service members.
Procedures for returning service members to the military differ among the services. Experienced attorneys or legal workers can help service members determine the safest way to go back. AWOL service members should find out about AWOL policies for their service and for different bases from an attorney or legal worker before returning.
Some AWOL service members return to the military accompanied by their civilian counselor or attorney, or armed with a letter from them.
Another option is for service members to turn themselves in to a military defense attorney. As a last resort, service members may present themselves to their chaplain or directly to their commander, using the open door policy. But, service members must be very careful not to reveal information about their sexual orientation, activities or relationships that could be used against them.
There are almost always better ways for service members to resolve problems or protect against harassment than going AWOL. There are complaint procedures and tools that service members can use to protect themselves, but it is best to have legal assistance in using them. Where service members believe their lives are in immediate jeopardy, they may feel they have to choose between risking their lives or facing the consequences of going AWOL. If possible, service members should immediately get civilian legal assistance or consult with a military defense attorney. Service members may also be able to obtain help from the chaplain, their chain-of-command or directly from the commander through the open door policy. If time does not permit these options, however, service members may have to weigh the situation and make a choice. Even where they leave because of a death threat, service members may face punishment for going AWOL. While there are defenses to going AWOL, such as duress, there is never a guarantee that they will prevent punishment in a particular case. Only service members can decide whether threats are so serious that they would rather leave and risk being punished for going AWOL than stay with their unit.
Anthy 11-11-2005, 12:00 PM Thanks for the information.
Has anyone at this board had any experience with military members returning from AWOL/UA?
FriscoLady 11-11-2005, 12:51 PM Anthy,
I was stationed at Fifth Coast Guard District Legal Office in Portsmouth, VA for three years. I have had experience with members who have Missed Movement, went AWOL and Desertion. As what was posted above your friend is now officially considered a Desert and has federal wants and warrants out on her.
I strongly urge to to turn herself in, however, I strongly recommend that she seek competent counsel prior to surrender. There are a number of qualified military attorneys in the Hampton Roads area.
I do not know if the one I have in mind still practices military law. He retired a number of years ago, but I do know that when I was his Legal Yeoman he was a very good military lawyer.
If you would like I pm his name and number to you. The one I would like to see her have is no longer available to practice military law he is currently a Social Security Judge in New York City. I really wish he was available but unfortunately.
I cannot speculate as to what will happen to your friend, there are various routes that can be taken, up to and including discharge under other than honorable conditions, confinement to the brig, loss of pay and allowances, etc.
Now is not the time for her to worry about that, it is best the she get this done and over with and carry on with her life.
Patti
ska1188511 11-25-2005, 08:07 PM Here's the thing; your friend will pay the price now or later. She either will get caught now or 20 years from now. The best bet is for her to get counsel then turn herself in. It will look better in the court's eyes if she took herself to jail aposed to them doing it for her. Also, there is something called "Cross Country Chasers" that will eventually get dispatched to get her. They are like bounty hunters for the military. In fact a friend of mine does that for the Marines.
pancurium 02-11-2006, 06:36 AM First off I apologize for not introducing myself in the introductions thread.
I'm currently in contact with a friend who has been UA from the navy for 16 months. She's considering turning herself in to Naval Station Norfolk. I'd appreciate any information on what could happen to her when she does.
Thanks.
She will be charged with the U/A, court martial'd and booted. Desertion is impossible to prove so don't sweat that. I was locked up with guys gone since Vietnam and they went down for U/A only. It isn't that bad. Go back and do your time and go home free.
missmylove2006 02-26-2006, 11:20 PM I Was A Legalman In The Navy From 2000 -2002 Which Means I Was The Legal Officer's Assistant On Board My Ship. The Best Advice For Your Friend Is Turn Herself In. Let Me Tell You Why. If She Does She Maybe Will Spend The Night At The Brig Maybe Which The Brig Is Just Like Bootcamp Nothing To Be Scared Of At All. Then They Will Send Her To The Tad Unit Which Is Temporary Unit For All Service Member Of Whcih Military Station She Goes Hopefully Back To Navy I Wouldn't Turn Yourself In Anywhereelse. It Will Take Like 2weeks She Will Get An Otherthen Honerable Or Dishonerable Discharge From The Service And Be Done. If Not And She Gets Caught Before She Turns Herself In She Will Be Processing Out In The Brig The Whole Time If She Doesn't Get Time Sentenced When She Is Court Martialed Once Caught. Tell Her Not To Be Scared She Really Should Know By Now After Being Out For 16months There World Is Not The Same Is Ours. They Just Make You Feel Like It Is The Only World When Your Around Them. Not To Worry!!!!!yur Job Is To Stand There And Listen While They Say Blah Blah Blah Blah Blah Yes, Mam, Yes Sir And Then They Will Say Some More But The More Respect You Show Them The Faster The Process Will Be Over. Don't Worrry!!!! But The Sooner The Better To Save Herself The Stress!! Again The Brig Is Like A Do What Ever You Want During The Day Bootcamp Kinda. One Love, Shipmate Moody
DeNada 03-08-2006, 09:25 PM I repeat FriscoLady's advice, she should contact an attorney before doing anything! She has legal rights that require protection. If she agrees to waive those rights in the interest of "getting this over with," they will be forever gone. An attorney with a military law practice can advise her and protect her best interests. Look on the web for one near you. Try FindLaw.com's website--they have an attorney locator link. Good Luck!
Antsy 07-06-2006, 11:59 AM My son also is awol from the army (more than 30 days), due to duress, and I'm terrified about what will happen to him. The suggestions posted here are helpful and appreciated.
Kruniac 10-13-2006, 03:30 PM My son also is awol from the army (more than 30 days), due to duress, and I'm terrified about what will happen to him. The suggestions posted here are helpful and appreciated.
Get a psychiatrist to declare psychological defects with him, get it on paper, then have him turn himself in. He should then go see the Army shrink, one should be on post, and then refer that doctor to those findings. Within a month or two, he should be fine.
I got my analysis while inside, and after going AWOL, was discharged with no further developments. Guess it would be hard to charge someone with AWOL after being declared nuts, eh?
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