Legal Question in Military Law in Colorado

provisiona pass

my son is awol from the army and was recently arrested by city police.he signed a provisional pass but does not know what it means.can you help?he is is a ky. jail but was stationed in colorada.thank you.he has been awol for 3 years.

Asked on 10/31/05, 4:46 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: provisional pass

Like Mr. Puckett, I do not know what a provisional pass is. However, there is a serious issue with respect to desertion. When you are AWOL more than 30 days, you are presumed to be a deserter. Desertion is a more serious offense than mere AWOL. Encourage your son to work closely with his military counsel.

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Answered on 11/01/05, 9:55 am

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: provisiona pass

Do not know what a "provisional pass" is, but if he's been AWOL from a unit in Colorado, chances are he'll be transported back there to await disciplinary action. Initially he'll be facing court-martial charges, and perhaps will be confined awaiting their disposition. But his military attorney can request an administrative discharge in lieu of trial, which may or may not be approved by the discharge authority in his chain of command.

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Answered on 10/31/05, 4:55 pm

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