Legal Question in Military Law in North Carolina

Awol

My 17 yr old son has went AWOL from basic training 3 times in 30 days. This last time we contacted his drill sergent he and he told us there is no need to bring him back. Just let nature take it's course. I hate to see him court martialed even though I think that is what will happen. This whole ordeal has my son so messed up in the head it isn't even funny. Everyone is under alot of stress. I would like to see him go back to school this school year coming up and graduate. Can you tell me what we need to do?


Asked on 8/10/08, 8:21 pm

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

Re: Awol

Your son needs to return to his unit so that this matter can be resolved. Nothing will be done as long as he is UA. Once he goes back, more than likely they will NOT court-martial him, just give him a discharge. If he has been in the service less than 180 days, he may get an entry level discharge which would not be adverse to him in the future. I know he is stressed, but he has to go back so that this can get taken care of. The longer he stays away, the more likely that he will be taken to a court-martial or get a bad discharge.

I know this will be hard for him and you, but it really is the only way to go. If he stays away, the military will declare him a deserter and issue a warrant which all police stations will have. Thus, if he gets a speeding ticket and the police check the computer, he will be there with a warrant. He will be arrested and held for the military who may well keep him in confinement until his charges are resolved. If he goes back now, he can avoid all of that and get it taken care of once and for all.

Please feel free to contact me at any time. I will be in a court-martial this afternoon and tomorrow, but should be in most of the rest of the week

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Answered on 8/11/08, 9:31 am


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