Legal Question in Military Law in Georgia


I went AWOL while still in AIT in Georgia, Do I Immediately get discharged? What can I do to get discharged?

Asked on 6/03/08, 3:13 am

2 Answers from Attorneys

Scot Sikes Law Offices of Scot Sikes

Re: Awol

These situations often result in administrative separation versus court-martial, but much depends on the length of your absence and the various personalities in command at the time of your return. You will be best served by seeking the advice of an attorney experienced in handling military justice matters. I would be glad to conduct a no-strings-attached initial consult with you in order to assist you with making informed decisions about your situation.

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Answered on 6/03/08, 11:35 am

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Awol

You must first return to military control and pay the penalty associated with going AWOL. Until you return to military control, you cannot ask for or receive a discharge.

If you are still within 30 days of going AWOL, you should return immediately, before the 30 days elapses because once it does you are in deserter status and will have federal warrants out for your arrest. Once you become a deserter the penalties are stiffer.

In most cases people who go AWOL and remain AWOL wind up with a bad conduct discharge and wind up serving at least a short time in the brig or on unit confinement.

This is a problem that gets bigger for you every day it goes on, so I would advise you to seek out a lawyer in your area, go to him, and ask for his assistance in turning you in.

Good luck.

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Answered on 6/03/08, 9:15 am

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