Legal Question in Military Law in Illinois

National guard AWOL

This is a complicated situation: What happens to a soldier (i.e. punitive action and type of discharge) that was honorably discharged from active duty (5 yrs service with no infractions), but is currently AWOL from his/her illinois national guard unit (for approx. 2 yrs)? The soldier's ETS from the nat'l guard is in six months and the soldier has not been in contact with the unit. Again, what punitive action and/or discharge type/characterization of service will likely occur to the soldier?


Asked on 2/20/09, 9:11 pm

2 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: National guard AWOL

Frankly, I'm surprised that an administrative discharge action was not initiated. You need professional help. Where is the guard unit located? Did you have an obligation to drill? More facts are necessary in order to form an opinion. Good Luck!

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Answered on 2/21/09, 3:53 pm
Philip D. Cave Military Law & Justice

Re: National guard AWOL

If handled properly, perhaps no prosecution. But be careful, some states, for example W.VA. allow for civilian prosecutions of Guard soldiers for AWOL.

Many factors on how it might be resolved.

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Answered on 2/20/09, 11:13 pm


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