Legal Question in Military Law in North Carolina

Sailor UA

I've been UA for almost 6 months now, and I'm about ready to turn myself in, however, my question is, when I go back, is it possible to get a discharge in lieu of court-martial? and also, what should I do if my boat is out to sea?


Asked on 9/29/08, 2:56 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Sailor UA

You should return to military control as soon as possible. WHile you may be offered NJP and a discharge, it is unlikely given the situation. You will probably face court martial and some period of confinement because you are no longer AWOL you are in deserter status. The military is unlikely to allow you to avoid punishment by discharge, but your situation may present unique facts and it is hard for someone like me to offer advice without more information about why you went UA and why you remained UA. But one thing is certain -- the longer you are gone, the more severe the punishment is likely to be.

Contact a local attorney and let the attorney negotiate your surrender to the military. He may be able to secure promises regarding where you will be disciplined, etc. It is unlikely that they would send you to a boat that was deployed; they will likely transfer you to some casual status and then proceed with discipline. You can always call a JAG lawyer and arrange to turn yourself in through JAG too.

Good luck. You will not regret putting this behind you.

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Answered on 9/29/08, 11:59 am


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