HELP! AWOL / Desertion

Discussion in 'The Okie Corral' started by Motor-T, Feb 11, 2010.

  1. Motor-T

    Motor-T Windbag

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    I have a cousin that has gone AWOL from the Army. He left immediately after reporting to his MOS school (some sort of comm.) He left his ID card on his rack and skulked. I think I can find him, and I might be able to convince him to go back. He has been gone since Jan 16th

    My questions are:
    Where do I need to take him? (he has gone to another state)

    If I can't convince him to return, can I take him unwillingly? (get him drunk and deliver passed out)

    What will likely happen to him?

    Is there anything else I should know?
     
  2. hhb

    hhb

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    I think he has to be gone 30 days for the gears to kick into action. Once he's been gone 30 days, military issues notice, and he is listed in NCIC, and civil authorities can detain him for the military.
     

  3. GMT

    GMT GMT224

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    He's in deep ??it. I'd say the rest of his life is pretty much over.
     
  4. ssgt_acft_mech

    ssgt_acft_mech

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    Completely untrue sir....I kicked out one of my troops for desertion a couple of yrs back....All the GOV has to do is show his intent of not returning...my troop was gone a max of 3 days when we found him, well LEOs in his hometown found him. He was originally charged with desertion then was dropped to a lesser charge of AWOL because the GOV didnt want to waste money on 3 hots and a cot for 2-3yrs for the dumbass
     
  5. Motor-T

    Motor-T Windbag

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    Yeah. I'm going to try to help him salvage what he can.
     
  6. Motor-T

    Motor-T Windbag

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    This is consistant with the info I'm finding.
     
  7. IndyGunFreak

    IndyGunFreak

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    I wouldn't try to detain him, I think that would just be a bad idea. Just play it cool, wait for the 30 days, then call local authorities to go get him. Just doing some googling, it seems the common penalty is 18mo. The problem isn't really the 18mo, its the fact he'll be given a dishonorable discharge, he'll have a felony conviction... it's just gonna cause his life to spiral downward.

    I would try talking to him if you can, explain to him the horrible decision he's made, etc. Do you know why he went AWOL?

    IGF
     
  8. Lotus000

    Lotus000

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    That'd be a really bad idea. YOU'D be committing a crime if you took him back unwillingly. I know you want to help him, because he's family and in a bad spot right now, but don't do anything knee-jerk, as it were. Try to convince him to go back and stand tall before the man.
     
  9. Motor-T

    Motor-T Windbag

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    I'm getting third hand info from my uncle, but it seems that the people he was roomed with were not to his liking. This seems pretty petty to me though.
     
  10. Swiper

    Swiper

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    Q1: Nearest military installation.

    Q2: Do no take him unwillingly. Inform your local law enforcement office instead.

    Q3: Depends on the command and the circumstances. He could get a Field Grade Article 15 (loss of rank, loss of pay, extra duty for 45 days) and then be allowed to stay in the military. But he could also very well get a Summary Court-Martial and then discharged with Other Than Honorable Conditions. My best guess would be Field Grade Article 15 and then a chapter with a general discharge.
     
  11. Jon_R

    Jon_R

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    I doubt the Army is actively looking for him and it probably happens periodically. My guess is they will just list him as AWOL and flag his SSN. If he tries to get a job they will find him then and start court Marshall procedures or give him dishonorable or less then honorable discharge.

    Unless you are his legal guardian taking an unwilling adult somewhere against their will might give you legal problems. This also would not mean he does not just leave again when he sobers up. In the end if he does not want to be there that bad the Army would probably prefer to get rid of him.

    I would offer him advice to man up and deal with the situation and leave it to him to decide what he is going to do. If you know where he is you could call his school or CID and inform them on his location.

    In my basic training company we had two soldiers that tried to kill themselves. Our Drill Sergeant marched us out to the gate of the base and told us if anyone is thinking about killing yourself over BCT just come on back to this gate and walk on out. It is less paperwork for us. :)


     
  12. Swiper

    Swiper

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    In most cases the military will have to wait until 30 days has passed before listing him as a deserter. It can done earlier under certain circumstances, i.e. Soldier was pending court-martial charges, returned from prior desertion just to desert again, or clearly demonstrated that he intends to permanently stay away from his unit (things like: destroyed his military equipment, called chain-of-command and told them that he will never come back, crossed the DMZ into North Korea, etc).

    He cannot be charged with desertion unless the government can prove, beyond reasonable doubt, that he intended to stay away permanently. The length of AWOL does not matter ... he could be gone for years without being charged with desertion if the government cant prove he intended to stay away forever.
     
    Last edited: Feb 11, 2010
  13. Swiper

    Swiper

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    A Soldier will not get 18 months or a dishonorable discharge for going AWOL between BCT and AIT (MOS School).
     
  14. IndyGunFreak

    IndyGunFreak

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    You know, you're right.. I just looked and thats for wartime AWOL, but its punishable up to death.

    IGF
     
  15. ssgt_acft_mech

    ssgt_acft_mech

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    He cannot be charged with desertion unless the government can prove, beyond reasonable doubt, that he intended to stay away permanently. The length of AWOL does not matter ... he could be gone for years without being charged with desertion if the government cant prove he intended to stay away forever.[/QUOTE]


    He left everything that had to do with the military to include his I.D. Also told multiple people that an "early out" had been approved for him the day prior, so I think the proof is there. I agree with you but, I think the GOV charges someone on this issue depending on what hair has crossed thier hind end that day.
     
  16. ssgt_acft_mech

    ssgt_acft_mech

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    I dont think they would sentence him to death for skipping out on AIT. Its not a war crime
     
  17. JMS

    JMS 02

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    He should run to San Francisco, then they'll understand and not even want him in the military. :rofl:
     
  18. Jon_R

    Jon_R

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    Technically we are not at war. Have not been since WWII.
     
  19. deadday

    deadday

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    ....if I'm reading this right, he hasn't even finished training yet...it is very possible that he could go back to training, become the Soldier he is supposed to be, and all of this will be swept under the rug when he graduates training...happened with 2 guys during my OSUT cycle...
     
  20. deadday

    deadday

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    ..the CO still has a LOT of leeway here...he could get some NJP and move on his way...he could get some unofficial NJP and go on his way, or he could be chaptered out...it all depends on his commander and his attitude..