Legal Question in Military Law in Tennessee

Re: AWOL during boot camp

After 30 days, the AWOL gets changed to desertion, which is construed by most States to be a felony. Additionally, most of the services file charges with the FBI, so it is in most Federal and State police computer systems, meaning if you get a traffic ticket somewhere the desertion charge shows up. Please contact me if you want to discuss resolving this matter or if I can be of any additional assistance. Good Luck.

Don Rehkopf

[email protected]

Re: AWOL during boot camp

The answer is, like most things...it depends. The terms felony and misdemeanor are not used in the military. However, normally the individual states will look to the maximum punishment the individual faced at a court-martial based on the crime he was charged with.

If you have been AWOL for 1 year and voluntarily return, you could be charged with AWOl over 30 days or desertion. The AWOL over 30 days carries a max punishment of a year--which could be argued may still classify it as a misdemeanor. If terminated by apprehension, meaning, if you are arrested before turning yourself in, the max punishment is 18 months, which arguably could be considered a felony, regardless of how much time you actually receive.

This is all assuming you actually plead guilty or are found guilty at a court martial and are not granted a discharge in lieu of court martial--whereby you'd have no criminal record.

As for desertion...While it is true that after 30 days of being AWOL the standard procedure is to drop you from the rolls and place you in deserter status, that is different from being charged with desertion under Article 85 of the UCMJ. Desertion more than likely would be classified by the states as a felony because of the maximum punishment faced, however, you must first be charge with desertion. To do that, the prosecution must prove the added element that you intended to remain away PERMANENTLY. Granted, one can form the intent to remain away permanently and change his mind, yet having formed the intent for no matter how brief a period of time could still have you found guilty of desertion. Of course, it is more difficult to prove than AWOL, and one of the factors taken into account to help prove the intent is the length of time you've been gone.

If you have any other questions, or need assistance turning yourself in, please visit my website at www.courtmartialbrand.com or e-mail me at [email protected]

Sincerely Yours,

Steve Brand

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.