Legal Question in Military Law in Texas

Going AWOL

My Fiance joined the Army in September of 2007 and him, myself, and the family just want to see him get out and come home for several reasons. He has been thinking about going AWOL and just showing up at another fort after a day or less. He has heard about others doing it and just getting chaptered out, what are the likely actions the Army will take?


Asked on 1/29/08, 4:32 pm

3 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Going AWOL

Adjustment to military life is difficult and takes time. For every story like the one you've been told (about going awol for a day, showing up at another fort, and asking to be chaptered out) there are a hundred where the soldier is sent right back to the duty station, sent to the brig for a month, loses half their pay for 3 months, and get reduced in rank. In short, AWOL is a serious offense and it is treated seriously. If you could get out of the Army just by going AWOL, it would be hard to keep anyone in the military.

There are lots of resources for soldiers with adjustment disorders. If someone gets out of the military on a "chapter" it often makes it impossible for them to get a security clearance later, or serve as a police officer or other position of importance. In other words, it follows the soldier out of the military.

Every day on this website there are at least two posts that start with "I was chaptered out of the Army in 1995 when I was 18, and I am now more mature and want to go back in..." In most cases those individuals with bad conduct discharges are never going to get back into the military.

If you want to support your fiance, tell him that all things are difficult before they become easy, and that you support him and will do what you can to help him. But don't take shortcuts, and don't make the mistake of thinking it's easy to get out after an AWOL. All that does is make his life a lot more miserable in the long run.

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Answered on 1/29/08, 4:43 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Going AWOL

Generally, it is not a good decision to attempt to get out under a Chapter. These type of discharges are generally not "Honorable" and will follow the military member for the remainder of thier life. This non-honorable characterization will limit an individual's ability to get employment, government assistance, license to carry a firearm, etc.

Every base has assistance programs to help service members with the adjustment into military duty. The time requirements for active duty are determined by the agreement that the service member signed. With that being said, three, four, five, six years is not a long time compared to the potential harms that would be imposed by such a bad characterization.

If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).

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Answered on 1/29/08, 5:14 pm
John K. Harris Attorney at Law

Re: Going AWOL

Your fiance should not go AWOL. Depending on his situation, he may have a legitimate discharge or separation request. He should contact me if he needs help drafting his discharge or separation request.

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Answered on 1/29/08, 7:30 pm


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