Legal Question in Military Law in New York

AWOL two times
Sir I am currently AWOL. This is my second time AWOL I'm thinkin of turning my self in. what would be the consequences of this. The first time i went AWOL was 1 month into Basic Training. then I turned myself in two weeks later. when I went back they still had me in training and didnt tell me anything. The reason why I left was a family emergency. then I went AWOL again because of the emergency. so this is my second time and i have been gone for 5 months from Basic Training. what is goin to happen to me if i turn myself in.

Asked on 10/04/07, 12:12 pm

2 Answers from Attorneys

James Matthew Branum James M. Branum, Attorney at Law

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Re: AWOL two times

As a lawyer I can't tell you to break the law. Being AWOL or staying AWOL is against the law. I can, however, tell you the consequences of different courses of action.

If you return to military control now, you will be following the law. You will also be screwed, as in most cases you will be sent back to your old unit and recycled into a new Basic training unit.

If you delay your turn-in until you are dropped from the rolls, the consequence is that you will likely be eligible for the PCF process, a method in which you can return to military control at either Ft. Sill or Ft. Knox and be discharged out of the Army in most cases in a week or two. You'll get no worse than OTH (other than honorable) discharge, but if you have good reasons to explain why you went AWOL (your family emergency would certainly be one) then you have a shot at a better discharge, likely either an ELS (entry level seperation) or a General discharge.

Give me a call or shoot me an email as I would love to visit with you, or give the GI Rights Hotline a call as they can explain the PCF situation too.

Good luck and I hope you find a way to get out!

Answered on 10/11/07, 7:51 pm

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