My wife has been awol from the Army since Feb. 5, 2006. The sheriff came today and took her. I am her husband. And we have 3 young children. She was still in her within her first 180 days and was in training in AIT at Fort Sam Houston when she left. She tried to get out on a Hardship Chapter and was denied so she left. She is in jail right now awaiting the MP's to take her to Fort Knox, I suppose. I really don't know what to think, I would like to have some idea of what is going to happen to her. Any comments or suggestions would be greatly appreciated.
1 Answer from Attorneys
It is difficult to say where she will go right now. By Fort Knox, you are referring to one of the two Deserter processing points (the other being Fort Sill in Oklahoma).
There is no automatic right to a discharge (entry level separation (ELS) just because she is within her 180 days--although I understand where you got the number because the entitlement to the ELS discharge is a popular myth.
She could be returned to Fort Sam. The million dollar question is how they will want to proceed with her: 1) Put her back in training after giving her nonjudicial punishment; 2) discharge her after nonjudicial punishment; 3) prefer court martial charges for AWOl or desertion and consider her request for a discharge in lieu of court martial or 4) prefer court martial charges against her and seek jail time and a punitive discharge.
I need more facts to assess the situation--such as whether she was under investigation for anything when she initially left.
I llok forward to hearing from you.
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