Legal Question in Military Law in Tennessee

Re: what are the penalties for awol

I was the main government prosecutor for Marine Corps Base Quantico from 2001 - 2003. Quantico is the Marine Corps long term UA collection point for the East Coast. During this time we saw hundreds of long-term UA cases. All of these cases were tried at a special courts-martial. The range of punishment would depend on their conduct during their period of UA, their conduct onboard Marine Corps Base Quantico while awaiting their courts-martial, and the circumstances around their termination of their period of UA. Normally I would see 0 - 2 months in the brig, reduction to E-1, and a Bad Conduct Discharge. However, if the Marine wanted to stay in the Judge routinely did not award the discharge. Then the Corps would have to either try for the administrative discharge or cut them orders. A few years back we had a Marine turn him self in after 35 years of UA. With only ten months left on his contract he went UA after he was injured for the third time during his second tour in Vietnam. He was given the option of finishing out his time at Quantico working with PMO giving out Base DOD Stickers. He was the oldest serving Private in the Marine Corps. So the punishment options are wide. Good Luck.

Re: what are the penalties for awol

After 30 days, AWOL becomes desertion. MAXIMUM penalty IF THERE ARE NO AGGRAVATING FACTORS, is two (2) years if you surrender before being caught, if caught three (3) years, a Dishonorable Discharge, bust to E-1, etc. You also need to know that this is a "federal" conviction that has a lot of severe collateral consequences. You should have someone experience in military law "negotiate" your surrender, because if you are picked up, you could spend time in a County Jail, which generally isn't pleasant. Feel free to contact me if you have any other questions.

Don Rehkopf