Military AWOL / DESERTION Criminal Lawyers

The U.S. Armed Forces is the second largest military in the world. Despite the prominence of the U.S. military and the huge amount of money allocated to this sector, AWOL and desertion remains a big issue. AWOL means Absent without Leave and is a situation where you are not where you should be at a given period of time. After 30 days, an AWOL status becomes a desertion status. Read on for a breakdown of AWOL and Desertion offenses

Absent Without Leave

According to Article 86 of the Uniform Code of Military Justice, there are different AWOL punishments and they all vary depending on the severity of the soldier’s absence.

Failure to go or leaving an appointed place of duty. Examples of these offenses include missing an appointment, leaving work early, or being late to go to work. The punishment for this offense is 1 month period in confinement, demotion to the lowest rank, and forfeiture of 2/3 of your monthly pay for a period of 1 month.

Leaving one’s post without permission. Even though you did not intend to, if you are on watch duty or guard and you leave your post without permission, you face a 3 months period in confinement and a demotion to the lowest rank. You may also be subject to a forfeiture of 2/3 of your monthly pay for a period 3 months.

Leaving one’s post without permission and with the intention of abandoning the post. If you are charged with this AWOL offense, you are likely to face a bad conduct discharge and forfeiture of your pay and allowances. You are also subject to a demotion to the lowest rank and a 6 month period in confinement.

Absence from your organization, unit, or place of duty for 3 days. This offense subjects you to a 1 month period of confinement, a demotion to the lowest rank, and forfeiture of 2/3 of your monthly pay for a period of 1 month.

Absence from your organization, unit, or place of duty for more than 3 days but less than 30 days. This offense subjects you to a 6 months period in confinement and a demotion to the lowest rank. You will also face a forfeiture of 2/3 of your monthly pay for 6 months.

Absence from your organization, unit, or place of duty for more than 30 days. This offense will subject you to a dishonorable discharge and forfeiture of your monthly earnings and allowances. You will also be reduced to the lowest rank and face a 1 year period in confinement.

Absence with the intention of avoiding field maneuvers or exercises. This offense will subject you to bad conduct discharge, a demotion to the lowest rank, and forfeiture of all payments and allowances. You will also face a 6 month period in confinement.