Expert: Aaron Shifferly - 5/20/2009

Question
I recently joined. i am a single mother of 4 and thought i had a family care plan but the person backed out. I couldnt attend the RSP session for the guard this month due to not having daycare and I let an spc,a sargeant fist class and also master sargeant know. I was told by sargaent first class to bring them along and either leave them in the car or let them sit on the benches while master sargeant spoke to me and released me from formation. when I talked to master sargeant I again asked "what do I do about the kids do I take them out to the benches"? at which point he said leave them in the car 10-15 min. I fearing to get in trouble with MP's didnt show to Rsp. Master sargeant, first class sargeant and A mp came to my house and the children and I got scared that they would arrest me and where would I have taken the kids.so i didnt open he talked to my neighbors asking probing questions. I was charged with disobeying a direct order and awol. I met with him today and after belittleing me and humiliating me he told me he would discharge me but that I would regret my decision,he also said he would discharge me with an awol on my record he then called a military police to read me my rights but when the Mp got to the part where it asked if I wanted someone to represent me and I hesitated to answer master sargeant didnt let him finish mps reading of my rights or let me answer.he simply sent me on my way home and said that he expected me to be in the RSP sessions until he ccould get around to filling out the discharge papers. i want to know if all this was handled how it was supposed to or what can I do?

Answer
You technically violated the UCMJ on several counts to include Failure to Be at Proper Place at the Proper Time, Disrespect to a NonCommissioned Officer, and Failure to Obey an Order or Regulation.  He can attempt to have you discharged, but that all depends on the state regulations that govern you.  Each state has its own procedures when dealing with disciplinary actions when you're not Title X status.  What he did is perfectly legal in the Regular Army and you would be facing disciplinary action of some sort for the AWOL, but you would also be facing separation for the lack of a family care plan.  Good luck to you and I hope the situation works out.