Legal Question in Military Law in Texas

AWOL Only Choice?

My brother is in a Medical Hold Unit. He is awaiting his Medical Discharge. He is very depressed and even talking about suicide. He talks about going AWOL. When we, his family, try to talk him into sticking it out until he is discharged, he says he will just kill himself. His physician has even noticed his suicidal behavior and sent him to a pyschiatrist. How can we try to get his discharge sped up, if we even can? I do not want my brother to go AWOL, but if he stays in the Army, I am afraid he will end up comitting suicide. What can we do to make sure he is safe? What would the punishment be for him going AWOL because he is mentally unstable? He is very sick (physically) now (reason he is waiting Med. Discharge) and he is on alot of different medications. I know these medications are only making matters worse for his depression, but he needs them to help with his illness. Please help!!


Asked on 10/11/05, 11:16 am

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: AWOL Only Choice?

There is nothing you can do to speed up his discharge, but you can certainly communicate directly with the medical discharge unit and let them know of your concerns. They should take immediate steps to make sure he is more closely observed and not allowed to harm himself. That may also have the negative effect of reducing his freedom, for instance if they choose to put him in a mental health ward of a military hospital. But you'll have to weigh that cost against the possiblity that he may be a danger to himself. He could be prosecuted and jailed for being AWOL, which will only complicate and delay his separation from the service. Having a mental health issue is ordinarily not a defense to an AWOL charge.

Read more
Answered on 10/11/05, 1:48 pm


Related Questions & Answers

More Military Law questions and answers in Texas