Legal Question in Military Law in Oklahoma

Re: went AWOL after 3 weeks into Basic

Any number of things could happen, and none of them are good. After 3 weeks of basic, they have the option of giving him an entry level separation, but since he went AWOL, that's pretty much out of the question. He faces a possible special court-martial if he's gone for more than 30 days. That AWOL charge alone could get him a maximum punishment of 1 year in jail, foreiture of 2/3 of his base pay per month for one year and a bad conduct discharge. Pretty tough to get a good job with that type of discharge. He's really rolling the dice with his future by not returning immediately. The sooner he returns, the better the outcome can be. That is always true. I would encourage him to report back immediately and complete his basic training and his contract. It's his moral and legal obligation to complete his enlistment. To do otherwise will only close doors to future opportunities.

Re: went AWOL after 3 weeks into Basic

While I respect Mr. Puckett's opinion, having dealt with a similar situation at Ft.Leonard Wood, your son's comment's appear to come from some misguided folks who have been posting totally bogus information on a website advocating just what your son is saying. The Army views this as criminal misconduct - not an errant teenager. If he is gone for MORE THAN 30 days, his status will be dessertion, not AWOL. Furthermore, the Army is not totally stupid, and they know about this scam to get out of Basic. There are many issues that are inappropriate to discuss in a public forum as here, but they include knowing why your son enlisted; what his military "job" was supposed to be; whether or not he got any type of "enlistment bonus;" and most importantly, what prompted him to go AWOL. In my case, there was a fairly sadistic Drill Instructor, but an attorney needs to talk some sense into your son as soon as possible.

If he goes to court - even a Special Court-Martial, and is convicted, that is a FEDERAL conviction on his records. He will have difficulty getting financial aid for college; he will have potential difficulty in getting professional licenses; credit will be affected; there is a long-line of what is called "collateral consequences" - meaning the impact beyond the conviction and most probable jail time. You don't say how long he has been AWOL, but in many instances I have been able to negotiate a voluntary surrender [which will generally keep him out of the Brig while his case is progessing], and sometime avoid prosecution. That is no guarantee - each case depends on the specific facts and circumstances involved; but each day DECREASES the probability of a "good" outcome. He obviously has not figured out that he might NOT get a General Discharge! If he is Court-Martialed for AWOL, he could get a Bad Conduct Discharge, which means that most Employers [especially any Federal, State and Local governments] will not hire him if it is recent.

The Army may not be for your son, and the Recruiters could have sold him a pack of lies - I've also represented recruiters! There may be other options than going back and completing his 8 year contract - something that the Recruiters no doubt skimmed over, but that is how long his enlistment is for. Yes, it may say 3 or 4 years, but if you read the fine print [which is mandated by a federal law] his "Military Service Obligation" is 8 years. If you want to discuss this privatel, please either email me privately or call me at my office Monday afternoon. I hope that this helps you.

Regards,

Don Rehkopf

[email protected]