Legal Question in Military Law in Illinois

awol

I have been awol for less than a month. I was in AIT, less than six months in service. If I return to my base, turn myself in, can I stay in the Army?


Asked on 11/13/07, 2:42 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: awol

Whether you can stay in or will be forced out will likely rest with your commander. Since you have been out less than 30 days, that means your status has not changed from AWOL to deserter.

You should turn yourself back in to military control immediately. In fact, you can call the Army, tell them where you are, and they will send someone to take you back to your unit. It is vital that you do this immediately and before the 30 day mark.

If you demonstrate a good attitude and a willingness to complete your military service requirement you are likely to be fined and given detention, as well as reduced in rank. However, you will not be discharged unless you ask to be, or unless the military determines that your conduct mandates it.

Contact JAG immediately upon return to military control, ask for advice and assistance, and above all, demonstrate a military attitude. DO not offer excuses. There is no excuse for being AWOL. If offered an Article 15, discuss it with JAG and make the best decision you can make under the circumstances.

Good luck.

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Answered on 11/13/07, 2:53 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: awol

30 days is the "magic" mark where your status changes. My advise would be to turn yourself in to military control as soon as possible before your world turns very ugly.

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Answered on 11/13/07, 5:21 pm


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