Legal Question in Military Law in Ohio


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.

Asked on 4/04/06, 6:47 pm

1 Answer from Attorneys

Steven Brand Steven Brand, Attorney at Law

Re: awol

Dear Questioner:

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.

Feel free to call me for a free initial consultation. All of my information is on my website at or e-mail me directly at [email protected] or [email protected].

I llok forward to hearing from you.

Sincerely Yours,

Steve Brand

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

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Answered on 4/04/06, 8:10 pm

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