Legal Question in Military Law in California

My son went awol, went to the doctor when he got home, the Doctor diagnosed him with Depression and Anxiety, he wanted to wait for 60 days to turn himself in at Fort Sill, but, if they catch him in the meantime can we do anything to help him. He has also been prescribed something for the depression, does he has a chance at a discharge due to this


Asked on 2/03/11, 2:43 pm

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

Although your son is AWOL, the chances are that the military will not come looking for him yet. You probably will get a letter stating that he is AWOL and that he should turn himself in. After 30 days of being gone, he can be declared a deserter and his name entered in the national computer data base. Thus, if he is pulled over for speeding, his desertion could be pulled up and be arrested and taken back to Ft Sill. However, it is unlikely that the Army will come looking for him.

I suggest that as soon as he is stabilized, he should return to Ft Sill. He can get medical treatment there to address his issues. He likely will go to Article 15 punishment for AWOL, but whether he will be discharged will depend on several factors such as the severity of his condition, why he felt he needed to leave, his unit's needs, etc. He will need to go back however much he may not want to. As long as he is AWOL, this are only going to get worse for him and he will always have this hanging over his head.

I hope this has answered your questions. Please feel free to contact me directly if you have any other questions.

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Answered on 2/10/11, 6:35 am


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