Legal Question in Military Law in California

Consequences of AWOL

What are the legal consequences of someone in the military going AWOL?

How much time do they have to go back? Are they tried in a regular court or

military court? How do they get legal representation? What is the punishment

for not going back?


Asked on 5/24/05, 9:24 am

1 Answer from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Consequences of AWOL

Being "absent without leave" or AWOL, is a criminal offense in the military. The severity of the punishment depends on the length of the absence, (the longer the absence the more punishment that may be imposed), and the circumstances under which the person left, (was it in time of war or did he or she intend to remain away permanently). Thus, the sooner a service member returns to his or her unit, the less punishment that is likely to be imposed. The absent member should return as soon as possible. He or she will be disciplined under the Uniform Code of Military Justice, rather than in civilian court.

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Answered on 5/24/05, 11:44 am


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