Legal Question in Military Law in Texas

Re: Awol!!!

1. The military services are not granting discharges in-absentia. The regulations allow for it, but it's discretionary.

2. Your brother's situation depends on a number of factors: why he went AWOL, whether he was facing charges at the time, and what he's been doing since going AWOL.

3. I'm surprised he's not been picked up at this point. I take it he doesn't drive, or if he does he doesn't get stopped by the police.

Re: Awol!!!

He does not have to have representation before he returns. However, he should speak with an attorney about his options before he makes a decision about what to do. He can apply for separation on his own, but there is no guarantee that it will be approved. The command may want to push for a court-martial. He should check with an attorney, either military or civilian, before he signs anything.

Feel free to contact me if you have any further questions.