Legal Question in Military Law in New York

deserting during Army AIT, after 180 days

My wife has been AWOL for longer than 30 days, which makes her a deserter. She went AWOL while she was in AIT, but past her 180 days. She was advised to go to Fort Sill to turn herself in. She would like to know what should she expect when she gets there. How long will the process take and whether they will be more lenient since she was in AIT. Also, if she receives an OTH, what will be the consequences? Will she still get financial aid for college, etc?

Asked on 4/21/05, 6:43 pm

1 Answer from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: deserting during Army AIT, after 180 days

If she receives an other than honorable (OTH) discharge, she will be entitled to NO benefits of any kind from the Army or the VA. She should expect to face an AWOL charge, with the option of applying for a separation in lieu of trial by court-martial with on OTH discharge. But she should definitely report as soon as possible. The sooner she reports to Ft. Sill, the sooner it will be over.

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Answered on 4/21/05, 7:17 pm

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