Legal Question in Military Law in California

Awol durning Ait

I was currently going threw Ait in the army. I have been in the army for about 5 months. I just cant handle it anymore i have my reasons so i decide to leave in hopes of being discharged after 30 days. I called my sgt asking of what would happen if i did not return and he said it depends on your state you live in some states will issue warrants some will not and he was unsure of what states they were. So then i called my recruiter and talked to him and he said that it doesn't matter what state you live in. That there will be a warrant issued out for me after 30 days and that i would go to the nearest base to face a judge. Im just seeing if anyone can help me with this cause i have never been in trouble with the law besides 1 speeding ticket i got when i was 19.


Asked on 6/02/09, 3:05 pm

7 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Awol durning Ait

Congratulations, you've been conned.

You apparently listened to someone who told you that if you went AWOL the Army would discharge you. What they might not have told you is that they will send you to jail first, and that when you're discharged you'll get a bad conduct discharge that will pretty much insure that you have trouble finding a job when you get out. No one wants to employ someone who couldn't make it in the Army.

If you do not return immediately and stay gone, you then convert the misdemeanor of AWOL into the felony of desertion, which carries with it a potential prison sentence. And the recruiter is right, it doesn't matter where you go, the first time they run your SSN they'll know they have a deserter. You'll be turned over to the Army. You'll either face a court-martial or receive other discipline and a discharge. Either way the worst possible thing you can do at this point is nothing.

You should immediately call your unit, report that you want to return to military control, and ask them what steps to take. They may ask you to report to the nearest installation so that you can be taken into custody and returned to your unit. Then you have to face the music for what you did. If you elect to take the easy way out and take a discharge, you will likely get less than an honorable discharge. This will make it hard for you to get a security clearance later in life, and may make certain lines of work (police officer, etc.) completely impossible for you. If given the opportunity, you should return, complete training, and serve out the term of your enlistment.

But time is of the essence. Contact your unit right away. If you are approaching the 30 day mark, you need to act with speed to insure that your AWOL is not converted into desertion.

Read more
Answered on 6/02/09, 3:40 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Awol durning Ait

Congratulations, you've been conned.

You apparently listened to someone who told you that if you went AWOL the Army would discharge you. What they might not have told you is that they will send you to jail first, and that when you're discharged you'll get a bad conduct discharge that will pretty much insure that you have trouble finding a job when you get out. No one wants to employ someone who couldn't make it in the Army.

If you do not return immediately and stay gone, you then convert the misdemeanor of AWOL into the felony of desertion, which carries with it a potential prison sentence. And the recruiter is right, it doesn't matter where you go, the first time they run your SSN they'll know they have a deserter. You'll be turned over to the Army. You'll either face a court-martial or receive other discipline and a discharge. Either way the worst possible thing you can do at this point is nothing.

You should immediately call your unit, report that you want to return to military control, and ask them what steps to take. They may ask you to report to the nearest installation so that you can be taken into custody and returned to your unit. Then you have to face the music for what you did. If you elect to take the easy way out and take a discharge, you will likely get less than an honorable discharge. This will make it hard for you to get a security clearance later in life, and may make certain lines of work (police officer, etc.) completely impossible for you. If given the opportunity, you should return, complete training, and serve out the term of your enlistment.

But time is of the essence. Contact your unit right away. If you are approaching the 30 day mark, you need to act with speed to insure that your AWOL is not converted into desertion.

Read more
Answered on 6/02/09, 3:40 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Awol durning Ait

Congratulations, you've been conned.

You apparently listened to someone who told you that if you went AWOL the Army would discharge you. What they might not have told you is that they will send you to jail first, and that when you're discharged you'll get a bad conduct discharge that will pretty much insure that you have trouble finding a job when you get out. No one wants to employ someone who couldn't make it in the Army.

If you do not return immediately and stay gone, you then convert the misdemeanor of AWOL into the felony of desertion, which carries with it a potential prison sentence. And the recruiter is right, it doesn't matter where you go, the first time they run your SSN they'll know they have a deserter. You'll be turned over to the Army. You'll either face a court-martial or receive other discipline and a discharge. Either way the worst possible thing you can do at this point is nothing.

You should immediately call your unit, report that you want to return to military control, and ask them what steps to take. They may ask you to report to the nearest installation so that you can be taken into custody and returned to your unit. Then you have to face the music for what you did. If you elect to take the easy way out and take a discharge, you will likely get less than an honorable discharge. This will make it hard for you to get a security clearance later in life, and may make certain lines of work (police officer, etc.) completely impossible for you. If given the opportunity, you should return, complete training, and serve out the term of your enlistment.

But time is of the essence. Contact your unit right away. If you are approaching the 30 day mark, you need to act with speed to insure that your AWOL is not converted into desertion.

Read more
Answered on 6/02/09, 3:41 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Awol durning Ait

Congratulations, you've been conned.

You apparently listened to someone who told you that if you went AWOL the Army would discharge you. What they might not have told you is that they will send you to jail first, and that when you're discharged you'll get a bad conduct discharge that will pretty much insure that you have trouble finding a job when you get out. No one wants to employ someone who couldn't make it in the Army.

If you do not return immediately and stay gone, you then convert the misdemeanor of AWOL into the felony of desertion, which carries with it a potential prison sentence. And the recruiter is right, it doesn't matter where you go, the first time they run your SSN they'll know they have a deserter. You'll be turned over to the Army. You'll either face a court-martial or receive other discipline and a discharge. Either way the worst possible thing you can do at this point is nothing.

You should immediately call your unit, report that you want to return to military control, and ask them what steps to take. They may ask you to report to the nearest installation so that you can be taken into custody and returned to your unit. Then you have to face the music for what you did. If you elect to take the easy way out and take a discharge, you will likely get less than an honorable discharge. This will make it hard for you to get a security clearance later in life, and may make certain lines of work (police officer, etc.) completely impossible for you. If given the opportunity, you should return, complete training, and serve out the term of your enlistment.

But time is of the essence. Contact your unit right away. If you are approaching the 30 day mark, you need to act with speed to insure that your AWOL is not converted into desertion.

Read more
Answered on 6/02/09, 3:41 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Awol durning Ait

Congratulations, you've been conned.

You apparently listened to someone who told you that if you went AWOL the Army would discharge you. What they might not have told you is that they will send you to jail first, and that when you're discharged you'll get a bad conduct discharge that will pretty much insure that you have trouble finding a job when you get out. No one wants to employ someone who couldn't make it in the Army.

If you do not return immediately and stay gone, you then convert the misdemeanor of AWOL into the felony of desertion, which carries with it a potential prison sentence. And the recruiter is right, it doesn't matter where you go, the first time they run your SSN they'll know they have a deserter. You'll be turned over to the Army. You'll either face a court-martial or receive other discipline and a discharge. Either way the worst possible thing you can do at this point is nothing.

You should immediately call your unit, report that you want to return to military control, and ask them what steps to take. They may ask you to report to the nearest installation so that you can be taken into custody and returned to your unit. Then you have to face the music for what you did. If you elect to take the easy way out and take a discharge, you will likely get less than an honorable discharge. This will make it hard for you to get a security clearance later in life, and may make certain lines of work (police officer, etc.) completely impossible for you. If given the opportunity, you should return, complete training, and serve out the term of your enlistment.

But time is of the essence. Contact your unit right away. If you are approaching the 30 day mark, you need to act with speed to insure that your AWOL is not converted into desertion.

Read more
Answered on 6/02/09, 3:41 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Awol durning Ait

Congratulations, you've been conned.

You apparently listened to someone who told you that if you went AWOL the Army would discharge you. What they might not have told you is that they will send you to jail first, and that when you're discharged you'll get a bad conduct discharge that will pretty much insure that you have trouble finding a job when you get out. No one wants to employ someone who couldn't make it in the Army.

If you do not return immediately and stay gone, you then convert the misdemeanor of AWOL into the felony of desertion, which carries with it a potential prison sentence. And the recruiter is right, it doesn't matter where you go, the first time they run your SSN they'll know they have a deserter. You'll be turned over to the Army. You'll either face a court-martial or receive other discipline and a discharge. Either way the worst possible thing you can do at this point is nothing.

You should immediately call your unit, report that you want to return to military control, and ask them what steps to take. They may ask you to report to the nearest installation so that you can be taken into custody and returned to your unit. Then you have to face the music for what you did. If you elect to take the easy way out and take a discharge, you will likely get less than an honorable discharge. This will make it hard for you to get a security clearance later in life, and may make certain lines of work (police officer, etc.) completely impossible for you. If given the opportunity, you should return, complete training, and serve out the term of your enlistment.

But time is of the essence. Contact your unit right away. If you are approaching the 30 day mark, you need to act with speed to insure that your AWOL is not converted into desertion.

Read more
Answered on 6/02/09, 3:41 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Awol durning Ait

Congratulations, you've been conned.

You apparently listened to someone who told you that if you went AWOL the Army would discharge you. What they might not have told you is that they will send you to jail first, and that when you're discharged you'll get a bad conduct discharge that will pretty much insure that you have trouble finding a job when you get out. No one wants to employ someone who couldn't make it in the Army.

If you do not return immediately and stay gone, you then convert the misdemeanor of AWOL into the felony of desertion, which carries with it a potential prison sentence. And the recruiter is right, it doesn't matter where you go, the first time they run your SSN they'll know they have a deserter. You'll be turned over to the Army. You'll either face a court-martial or receive other discipline and a discharge. Either way the worst possible thing you can do at this point is nothing.

You should immediately call your unit, report that you want to return to military control, and ask them what steps to take. They may ask you to report to the nearest installation so that you can be taken into custody and returned to your unit. Then you have to face the music for what you did. If you elect to take the easy way out and take a discharge, you will likely get less than an honorable discharge. This will make it hard for you to get a security clearance later in life, and may make certain lines of work (police officer, etc.) completely impossible for you. If given the opportunity, you should return, complete training, and serve out the term of your enlistment.

But time is of the essence. Contact your unit right away. If you are approaching the 30 day mark, you need to act with speed to insure that your AWOL is not converted into desertion.

Read more
Answered on 6/02/09, 3:41 pm


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