Legal Question in Military Law in Montana

family medical emergency without leave

My son in law was told by the recruiters to stay home and not report to Italy as he had 6 months compassionate reassignment here as my daughter's pituitary ruptured. She is now facing surgery, has heart problems, and can't be left alone or care for their child. The Army is now saying he is awol and has to report to Italy. He flies out tomorrow but really needs the promised compassionate reassignment. Can you help?


Asked on 7/09/08, 4:09 pm

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: family medical emergency without leave

He will need to return to his unit and explain the situation to them. He should explain exactly who told him not to return to Italy and why to try to get the AWOL charge dropped. Then, he needs to apply or request the transfer, leave or reassignment so that he can help care for her. He will probably need letters from you, her doctors or any others who are aware of the situation and her condition to support and substantiate his request.

I hope this helps. Please feel free to contact me if you have any further questions.

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Answered on 7/09/08, 4:29 pm


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