Legal Question in Military Law in North Carolina

Thinking about AWOL

I read the other posting re: AWOL and the only one that I thought applied to my situation was 'adm.leave' but he's asked for that and gotten a 'no.' My fiance is planning to go AWOL from AIT. He has been there for 3 weeks with no classes and from what the Sgt. tells them, it will be 6 months before his classes even start. He has asked to be allowed to come home to his family (we have a son and we are raising his younger brother) by going on leave and returning when classes start in six months. There are several difficulties with his younger brother for which he needs to see an attorney rather quickly to take care of and this is weighing heavily on his mind. Plus, he is NG, this was supposed to be a part-time job after some quick training - not a year away from his family. I'm afraid if he continues to stay there, he is going to lose his cool and do something that might land him in jail. He is terribly aggravated that he has to be away from us for nothing; just wasting time. Can we hire an attorney to represent him before he goes AWOL to help navigate the untenable maze that is the Army?

Thank you for any information you can provide.


Asked on 11/02/06, 8:00 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Thinking about AWOL

I understand the predicament. He should contact his local NG commander and ask for assistance. I would think that if there would be a six month delay it would be appropriate for him to come off of active duty until training begins. The best situation is to work within the military system. The Army won't care about his brother. If he is frustrated he should talk to a counselor or chaplain on the post, and should make sure he keeps his first sergeant and company commander informed of the situations that are affecting him. He can make a formal request under Article 134 (Redress of Grievances Against the Commander) to be sent back to his NG unit, but there is no guarantee that his will happen. If he is interested in makign the 134 complaint he should see the local JAG office.

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Answered on 11/03/06, 8:53 am


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