Legal Question in Military Law in Oklahoma

AWOL with suspected mental condition

My brother has been AWOL for only a few days. He has been being treated for what appears to be some pretty severe mental issues. He has agreed to go back, however we think a hospital is the best place for him at the moment. We do not wish to aide my brother is staying away from the military, but my question is when he is found is it better to take him to a military hospital or is just a regular hospital okay as long as we alert the MPs to his location? We are very worried about his mental state, and not sure if he is dangerous to himself or others at the moment.


Asked on 8/25/05, 5:24 pm

2 Answers from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: AWOL with suspected mental condition

Take him to the CLOSEST hospital's Emergency Room with a mental health unit as soon as possible if you have any reason to believe that he might be a danger to himself or others. Rather than contact the MP's, I would suggest that you call the Base Legal Office [JAGs] at your brother's base and tell them that your brother is hospitalized and AWOL. If you know the name of your brother's base, you should be able to get the main phone number for the Base and then get the Legal Office's number from the Base Operator. Or, check on line - many JAG offices now have their own websites. The sooner that you notify them - and keep a record of who you talk to and when - the better for your brother. After 30 days of being AWOL he becomes a deserter. Good luck to you.

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Answered on 8/25/05, 5:52 pm
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: AWOL with suspected mental condition

Mr. Rehkopf's advice is right on. I would not delay with either getting medical attention or calling the JAG office on the base. If you can do both today, that would be ideal. The sooner you report his whereabouts, the more likely it is he will receive lenient treatment for being AWOL. Make sure to note the date, time and the name of the person to whom you reported it. Make sure they KNOW you are making a note of it, as well. Do your best to get them to put an officer on the phone.

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Answered on 8/25/05, 6:20 pm


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