Legal Question in Military Law in Iowa

Improperly processed Desertion

I am currently listed as a deserter from the US Army/Iowa Army National Guard. I turned myself in 31 days after going AWOL, (this was a suggestion from my company 1SGT in AIT). I never completed AIT. I turned myself in to Ft. Riley, KS, where I was given orders to return to Camp Dodge, HQ - Iowa Army National Guard. When I arrived there, I was told I was done in the Iowa Army National Guard, but was not given a DD214. Then a few months later, I was informed that I was still listed as a deserter in the US Army. How can I resolve this without having to do jail time. This matter should have been resolved months ago, and because of an error on the Army's part, it has not been. According to the Army, since I was on active duty for training (AIT), I have to be outprocessed from the Army first. I understand that I can do so at either Ft. Sill or Ft. Knox, but I would like to have a firm understanding of what will happen before I report to either of these places.


Asked on 12/21/05, 1:37 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Improperly processed Desertion

Call them to check whether you are still listed as a deserter. If you were never given a DD-214, you are NOT discharged. I would not be surprised, even though it's probably simply an admin foul up, that you're still in. The only way to resolve this is to report to your last assigned unit. You are not entitled to a firm understanding of anything as a pre-condition for reporting as ordered. You have a legal obligation to report to the unit for whatever processing is still required. You have NO bargaining position. I recommend you call them today and ask what you need to do. The longer you wait, the worse the trouble you may be facing.

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Answered on 12/21/05, 2:03 pm


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