Legal Question in Military Law in Oklahoma

The PCF process

An attorney cannot tell a client to break the law (which would include staying AWOL longer), however a lawyer should tell a client the consequences of possible actions, which is what I will be doing here.

What I'll do is discuss the consequences for a soldier who went AWOL during AIT...

If the soldier in question did turn himself in immediately, he would be following the law. He also would be screwed. He would be sent back to his AIT unit and likely would remain the Army. He might get an article 15, maybe a court-martial, but only if he is lucky will he be discharged.

If the soldier in question waited until he is dropped from the rolls (which takes at least 30 days, but sometimes takes longer --- to find out if a soldier is DFR'd, a soldier should call the GI Rights Hotline for instructions on how to call the Deserter Information Point) and if the soldier is in fact "PCF-eligible" (in most cases this means that the soldier did not finish AIT, but again you need to talk to a knowledgable attorney or a counselor with the GI RIghts Network to make sure), then the soldier can report to the PCF (Personnell Control Facility at Ft. Sill or Ft. Knox to be processed out of the Army.

The soldier will likely receive an OTH (Other than honorable discharge), HOWEVER (and this is a big whatever), a soldier has a good shot at a better discharge if he brings mitigation documentation to explain why he went AWOL. This documentation could include letters from the soldier, their family or friends, doctor's records, etc. Anything really that can document physical health, mental health, family hardship concerns.

In my experience PCF-eligbile soldiers who bring good documentation with them to Ft. Sill PCF (I don't know as much about Ft. Knox) have a really good shot at a better discharge (maybe an ELS or a general discharge), but if they go back empty handed they are almost guaranteed an OTH.

I hope this helps but remember there are lots of complicating details on the PCF process, which is why you should consult with a good and knowledgeable lawyer or the GI Rights hotline before acting up on this information.