Legal Question in Military Law in Colorado

Military Law

My boyfriend just got back from Iraq in August 2007, he is stationed at Ft Riley KS. He has a 250 mile radious he is not supposed to leave without permission from his command. Without permission he decided to leave base for the weekend and come to CO to visit me. On his way here he got a DUI, possesion of an armed weapon (unregistered), speeding, and evading a police officer (pursuit). His rental car was impounded and he lost everything he brought with him. He is now in jail in CO and cant go back until a Judge relases him in 5 days. Will the civilian judge release him back to the army, and if so what will happen to him? If not, what will happen to him?

Asked on 1/06/08, 3:30 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Military Law

Your boyfriend is awol. Unless he can get his command to authorize a leave, he will be declared AWOL when he fails to report for duty. The police will have notified Ft. Riley and the MPs will have placed a "detainer" on him. When he is released from confinement in Colorado there will be two MPs with leg irons and handcuffs to take him back to Ft. Riley where he will be returned to his unit. At the very least he is looking at disobeying a direct order and AWOL which will result, again, if he is lucky, in a field grade article 15. If he is not lucky, he'll get a summary or general court martial.

He will certainly need your love and support as this will be a difficult time for him.

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Answered on 1/07/08, 10:48 am

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