Legal Question in Military Law in Arizona

Re: Deserted, consequences

Dear Questioner:

Right now, more than likely you have now been dropped from the roles and are in deserter status. That must be differentiated from being charged with desertion under Article 85 of the UCMJ. There is a big difference between being placed in deserter status and the military being actually able to prove you are a deserter, which means that you intended, at any point in time, to remain away permanently.

That being said, your best course of action, as to where you want to turn yourself in, depends upon what you really want out of this situation. In other words, is your desire to stay in, or to get out? Either way, it will be best to turn yourself in, but that decision will control the initial best place to turn yourself in. I have other questions I need answered such as did you already complete your Article 15 punishment or were you still doing your punishment when you went AWOL.

Please do not post answers to these questions on the server but rather feel free to e-mail me offline at [email protected]. You may learn more about my military practice at www.courtmartialbrand.com.

Sincerely Yours,

Steve Brand

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

Re: Deserted, consequences

The advise given by Mssrs Brand and Winchell is excellent. Many years ago, while in basic training, I went AWOL. It was a terrible mistake, but I turned myself in and was confined in the barracks, not in the brig. I received an article 15, and was given the option of going on with training or getting out. I chose to get out. The company commander said "not so fast" and told me I could only get out if I could not meet military standards, and he told me I didn't look that stupid. To make a long story short, I stayed in. I went on to receive two Army Commendation Medals and an honorable discharge in spite of that ugly beginning.

Lots of times things seem absolutely hopeless. But commanders change, rules change, chains of command turn over. The military is the one place that held me accountable, and taught me to become a good man. I went on to become a relatively successful lawyer. You can do the same thing. You just need to (1) turn yourself in and (2) make a decision about whether to stay in or get out. If you get out, most of this will be taken care of within six months or so.

Good luck.

Re: Deserted, consequences

I am a former Marine Senior Criminal Defense counsel, last duty station at Kaneohe Bay, HI. I dealt with several UA situations. A charge of desertion is very hard to prove, as they must show not only that you left, but that you intended to permanently stay away. If you turn yourself in, you obviously didn't intend to permantely stay away. What they will do depends upon what the commanding officer of the unit wants to do. Each CO has his own way of handling these situations (Some say let's punish and continue to train him, others say let's just let him go). This is your second UA offense now. The punishment is a lot less if you do turn yourself in, rather than being picked up by the police. If you don't want to stay in the Army, my suggestion is that you turn yourself in and stress that point. If you are still in basic, they may just discharge you, rather than seeking a lot of brig time. If you want to continue with training, my experience is that because you are new, they will take you back. Cos understand that the military can be a tough adjustment in the beginning, and I believe that if you expressed a sincere desire to stay in, they would probably give you some brig time, but in the end, if you complete your contact, you would get an honorable discharge.

Christopher Winchell, Attorney at Law

6909 West Ray Road, Suite 15

Chandler, AZ 85226

www.win-law.com

[email protected]