Legal Question in Military Law in Alabama

Wanting to go AWOL in AIT

I am in AIT and am planning on going AWOL. A lot of things I have heard is that after being AWOL for 31 days, I can turn myself in and in most cases, be outprocessed within a week. Since I have been in AIT, I have failed 9 record pt tests and see a pysciatrist once a week. Will this be brought up when I turn myself in? I hate being in the army and know I made a terrible mistake by joining. I desperately want out but I don't want to go to jail. Please advise.


Asked on 1/19/06, 1:40 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Wanting to go AWOL in AIT

Do not, under any circumstancs, go AWOL. It will not get you what you want, and may land you some brig time.

Administrative separation from the Army should be an issue you discuss with your commander. You can be discharged for the good of the service. If you are seeing a psychiatrist, that should assist you in getting out, particularly if the doctor endorses your application by noting that you have medical issues.

AWOL more than 30 days is considered desertion, and can result in real federal jail time. Do not go AWOL.

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Answered on 1/19/06, 4:46 pm
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Wanting to go AWOL in AIT

I highly recommend that you do NOT go AWOL. The fact that you have failed PT tests and have had to visit the mental health folks may result in separation from the Army for medical reasons. There is no such thing as a policy that if you're gone for 31 days you can simply get a discharge. And I can guarantee you it will take far longer than a week. It is much more likely that you will go to jail awaiting court-martial, and then be sentenced to more jail at the court-martial. If you're having problems, you need to bring them to the attention of your AIT training staff. Going AWOL is the last thing you want to do. Give the system a chance to deal with your issues first.

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Answered on 1/19/06, 1:55 pm


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