Legal Question in Military Law in Michigan

AWOL due to medical

I just went AWOL from the army (Michigan National Guard to be specific) while i was at phase 2 training because the asthma i had before i enlisted came back.

I was told by my recruiter not to tell MEPS about it when i enlisted.

I could barley breath in Arizona (due to the altitude) i went to the army doctors twice and even told them about my asthma, and they refused to believe me, and dismissed my troubles by claiming it was the altitude. Gave me an inhaler both times and shoved me out the door.

I then filed an article 138 against them to my commander... Which was then ignored by him.

I then decided to just leave. What are my options? I'm trying to get out of the army so any help would be appreciated!


Asked on 9/02/07, 11:51 pm

2 Answers from Attorneys
John K. Harris Attorney at Law

Re: AWOL due to medical

You should consider contacting an attorney for help. You definitely should return to military authorities. Feel free to contact me if you need help.

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Answered on 9/03/07, 1:21 pm
Philip D. Cave Military Law & Justice

Re: AWOL due to medical

1. As a member of the National Guard, you will have to determine your rights and possible outcomes, based on State law, as much as the UCMJ.

2. Partly it depends on what your status was when you went AWOL, Title 32, or Title 10.

3. It's unfortunate, but there a quite a few people who go AWOL because of medical issues. They can be difficult to resove, while protecting your health.

4. You should go back as soon as possible, but do so armed to present your case from a legal perspective.

Sincerely, www.court-martial.com

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Answered on 9/03/07, 10:42 pm


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