Re: Returning To Duty

First, contact an attorney as soon as possible. The military member who fails to return, is at once, "AWOL," or "absent without leave." That is a crime under the Uniform Code of Military Justice [UCMJ]. Depending on the factual circumstances, the military person could also be charged with Desertion, which is a very serious offense under the UCMJ.

Depending on how long the person is gone [a few days versus weeks, months or years] generally governs how the government decides to prosecute the case. The military will put out a "Deserter Warrant," which means that any police officer anywhere can arrest the person and they will generallly be held in the local jail until the military comes to pick them up - and they generally don't act too fast after that happens.

As far as the other person, the person where the "fugitive" is residing, that is a bit more complicated. There are crimes called "Harboring a Fugitive," or being an accessory after the fact that MIGHT apply. I cannot tell or give an answer in this forum.

If the military person is from a Base in Georgia, a good friend of mine there who practices Military Law also, may be able to negotiate a surrender and make things a bit easier. E-mail me directly if you would like his name & phone number.

Good Luck and try and resolve this problem as quickly as possible, but only after you obtain a lawyer to insure that it's done correctly.

Don Rehkopf

Re: Returning To Duty

The question depends on what duty? If you are member of the National Guard, then the State UCMJ (Uniformed Code of Military Justice) applies. An exceptino exists if you are in the Guard and it was activated, which then means the unit is in Title 10 status, thereby subjecting you to the Federal UCMJ. Your status will likely be AWOL (Absent Without Leave), depending upon the amount of elapsed time and other factors. The penalty for AWOL can run all the way to a Capital offense (death penalty) depending on a few factors. Once AWOL (and a certain time has passed), the FBI may become involved. The violation is a federal offense, thereby subjecting anyone that aides or abets you to being guilty of a federal felony. I'm personally aware of prosecutions occurring twenty years after the offense began. If only a short time has elapsed, then the failure to return to duty may be treated as something other than AWOL. There also may be defenses on proper notification, etc. I strongly urge you to immediately contact an attorney familiar with military law.