Legal Question in Military Law in North Carolina

Possibility of discharge?

My fiance went awol from active Army in October of 2006 and is still. He had a deployment date in January so is now missing in movement. Also he was on extra duty for an article 15 when he left, I don't know if that is anything extra. He wants to turn himself into Ft. Sill very soon because he has heard of the large turnover rate of awol soldiers being given a chapter 10 discharge and released within a week. But is that possible for him since he was already through basic and ait and missed deployment? He has a lot of past (which he didnt disclose when joining) and present medical records stating he is bi-polar, has authority and personality disorder, reaccurent depression, adhd, and past 51/50's and suicide attempts. The chaplain was contacted right before he went awol also. He cannot handle being sent back to his unit or staying in any longer, so he is very scared about going back because of his mental problems and what might happen. Any idea on what might happen with a case like this? Will he be sent back to his unit or discharged easily from Ft. Sill like everyone else has? Is he missing in movement if he was dropped from the rolls before deployment? How does a stop loss effect all these things if he had one (not sure)? THANKS!


Asked on 2/18/07, 5:38 am

1 Answer from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Possibility of discharge?

You need a lawyer to represent him in negotiations with the army. This is not a simple case that you can answer through a bulletin board service.

Patrick Tracy

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Answered on 2/18/07, 6:13 am


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