Legal Question in Military Law in Illinois

Ng awol

i havent drilled with my unit for over a year now i just stopped going. they switched my status to inactive reservist in june and didnt tell me, the last time i heard from them they were supposed to work on a hardship discharge for me. Yesterday i recieved a mobilization letter and i dont know what to do and neither does my family, i hate that i was lied to about my discharge. If i do not report for my mobilization what will happen??


Asked on 1/09/08, 10:16 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Ng awol

You will be in big trouble. If you want a discharge from the NG or the reserves you have to do what is necessary to obtain that. It isn't someone else's responsibility. If you are still in the system, you are subject to a call up letter.

If you do not go, you'll be AWOL and then later classified as a deserter. That is a federal felony. At some point you will be arrested, charged, convicted, and discharged to the disciplinary barracks somewhere for a fairly long time.

If you want out, and want to avoid call up, you need to get busy and contact your unit and see if you can advance the paperwork for a discharge. My guess is that you won't be able to do that, but it is worth a try.

Do not remain AWOL, and do not think for a minute that you won't be missed, and won't be pursued by the military. You should seek competent local counsel to advise you on the legal issues in this matter. You may have facts not mentioned here that would change my opinion, and so, to be certain, you need to see local counsel to assist you.

Good luck,

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Answered on 1/10/08, 10:21 am


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