Legal Question in Military Law in Washington
4 Month Desertion
I have been AWOL/Deserter from the army for over 4 months now and am looking to surrender myself to the authorities. I left after graduating AIT, but never reported to my unit. It was never my intent to be or stay AWOL, but due to certain mental health issues I find myself a deserter. I know I am in a severe amount of trouble and want to deal with it before I am arrested. I would like to continue serving in the military, but am afraid of being re-classed into a less desirable MOS upon return. I wouldn't mind being discharged if I could leave without conviction. I would like some advice on the best course of action for turning myself in. Should I seek legal representation beforehand? Is it possible to avoid a dishonorable discharge and/or jailtime? Can I be discharged due to mental health issues? What kind of punishment am I looking at?
1 Answer from Attorneys
Re: 4 Month Desertion
You need to secure a civilian attorney with experience representing service members. You need to surrender to military control. If you have mental health issues, you might consider going to a mental health clinic, checking in, and then notifying the military that you are ready to return to military control. You would likely be returned to military control and placed in detention, but you would likely receive mental health assistance.
It is unlikely and indeed unreasonable to assume you will be able to avoid sanction. If you wish to return to military life, you'll have to accept the consequences of your behavior. If you are reclassified into a different MOS, that is well within the military's right, although, depending on your MOS, they may not do this.
Given the length of time you've been gone, it is likely that you'll be discharged with a less than honorable discharge, and that you'll have a military record that will impair your ability to get government employment.
For all these reasons the quality of the legal representation you get now will have a dramatic effect on your ability to do something positive with your life.
Good luck.
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