AWOL/ Desertion

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.

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Desertion

Desertion is a serious absentee offense. The main distinction between AWOL and desertion is that with desertion, there is intent to permanently stay away from the military. According to Article 85 of The Uniform Code for Military Justice, there are different punishments for desertion depending on the severity of the case.

Voluntarily returning to military control after desertion. This offense subjects you to dishonorable discharge, demotion to the lowest rank, and forfeiture of your monthly earnings and allowances. You also face a 2 year period in confinement.

Desertion that is terminated through apprehension. This offense subjects you to dishonorable discharge, demotion to the lowest rank, and forfeiture of your monthly earnings and allowances. You also face a 3 year period in confinement.

Desertion intended to avoid important service or hazardous duty. A good example of this kind of desertion is where you are required to deploy to Iraq and you desert so that you may not go. This offense subjects you to dishonorable discharge, demotion to the lowest rank, and forfeiture of monthly earnings and allowances. You also face a 5 year period in confinement.

Desertion during a time of war. This offense subjects you to death or life imprisonment.

Absence without leave and desertion are two offenses that could jeopardize your career in the military and subject you to serious penalties. If you have been charged with any of these offenses, you should seek the services of an experience defense lawyer.

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