Legal Question in Military Law in Connecticut

discharge

I went awol for my A.T training because i don't wanna do this army thing anymore i just wanna live my life like a normal civilian... anyways what will happen to me? will i get arrested or will i just get a discharge?????


Asked on 6/08/09, 11:07 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: discharge

When you signed your contract with the Army, you agreed to be bound by military law. By so agreeing, you also contractually obligated to serve out your enlistment. Thus, whether you want to continue to do "this army thing" or not, you are contractually and legally obligated to do so.

If you do not return to your unit, you will be arrested, although when and where that will happen is not always certain. With luck they'll arrest you before the 30 days is up, in which case you'll still be just an AWOL soldier instead of a deserter. If you go past the 30 days, your status will convert to deserter, which is a very bad thing.

If you return now there is a possibility that you'll get either an administrative separation (which would prevent you from ever rejoining the military) and probably some confinement for going AWOL. You might also get a bad conduct discharge, depending on the mood of your commander.

On the other hand if you successfully avoid the military police and local police for more than 30 days, your status will change to that of deserter, and a warrant will issue nationally. It could be weeks, or it could be years before you're arrested, but when you are they are likely to charge you with desertion and convict you in a court martial. Again, you are likely to receive some punishment and a discharge from the service.

What may not be apparent is how this affects your ability to live your life after the military. You will have a hard time getting a job if anyone finds out you were discharged for disciplinary reasons from the military. You may have trouble purchasing a firearm if you have what amounts to a felony conviction on your record (desertion is a felony). Your ability to work for the government as a civilian contractor or in another capacity will be severely limited.

If you want out, return to your unit and ask for help. But if you do not return you might still get out of the military, but you may also have a record that prevents you from getting a decent job in the future. Going back is your call, but the longer you stay gone, the worse it gets.

If you lack funds to return, you can call your unit and they will arrange transportaion.

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Answered on 6/08/09, 3:19 pm


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