Expert: Rod Powers - 11/13/2006

Question
We read that the maximum punishment would be jail time for a years, no pay and a dishonorable discharge; is that pretty much what the CO will stick to or can jail time be extended above a year? This would be based on the fact that she is going to turn herself in and she has only been gone for 30-45 days.
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The text above is a follow-up to ...

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Hello again -
Thank youfor getting back with me so quickly on my last question.  I do have another questions for you though. I also have a friend who has been AWOL/deserted from the Army for close to 45 days now...what should she expect to happen.  She plans on turning herself in to a military branch. Since she has only completed Basic Training and nothing else would they let her be discharged since she doesn't want to be in the forces any longer and do jail time and relinquish her pay?  She was told to contact a TDS to let them know of the situation, but what does she say to them and what should she expect?
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This is a "second part"to a question I read about previously..what happens in the Army when someone "deserts" or goes AWOL"? If someone's son (as she mentioned) just got out of Basic and decided that the Army life is not for him and they left (deserted), never came back aside from running the risk of being stopped by the police for some random reason and their name being put on a list, what would the Army do to him in terms of:jail or confinement,a fine, let them out? And after how much time being gone for instance: being gone under 30 days, 60 days, never...?
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Hi Lauren,

There isn't any "set" formula, or any "set" answer to your question.

Just like the District Attorney (DA) in civilian life decides how to prosecute a criminal case, in the military, that decision is made by the commanding officer, after consultation with his/her superiors and the JAG (Judge Advocate General's Office).

Every situation is different, based on the circumstances. The commander *may* decide to handle the matter administratively, such as nonjudicial punishment (see: http://usmilitary.about.com/od/justicelawlegislation/a/article15.htm) and may or may not follow that up with administrative discharge action (see: http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm). This would likely result in an "Other Than Honorable Conditions" administrative discharge.

Or, the commander may decide to refer the member to a special or general court-martial (see: http://usmilitary.about.com/od/justicelawlegislation/l/aacmartial1.htm). In such case, the maximum punishment would be up to the panel members (jury), or the judge (if the accused elects to be tried by judge alone).

If referred to trial to a General Court-Martial, the maximum permissible punishment is set by the Manual for Courts-Martial, depending on the offense.  For details, see: http://usmilitary.about.com/od/punitivearticles/a/mcm.htm.

Hope this helps!

Rod Powers
http://usmilitary.about.com

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Hi Lauren,

Well, because she has been AWOL for more than 30 days, the Army is allowed to consider her as a "deserter," in the event she doesn't turn herself in. If she turns herself in, she can only be considered for AWOL.

Nobody can say for sure what will happen. It's primarily up to the commanding officer. But, the possible punishment, if she turns herself in (AWOL) is a heck of a lot less than if she is stopped by some cop and turned over to the military (desertion).

Hope this helps!

Rod Powers
http://usmilitary.about.com


Answer
Hi.

Let's look at the absolute worse case scenario. If she turns herself in, she cannot be prosecuted for "Desertion," but only AWOL, under Article 86 (see: http://usmilitary.about.com/od/punitivearticles/a/mcm86.htm). Under this article, the maximum permissible punishment (if she turns herself in) is: Dishonorable Discharge, forfeiture of all pay and allowances, and confinement at hard labor for one year.

Keep in mind that unless she is a very bad person, with a very bad service record, she would probably not get the maximum permissible punishment.

Unless there are factors I'm not aware of, the most likely result will be nonjudicial punishment (see: http://usmilitary.about.com/od/justicelawlegislation/a/article15.htm), followed by administrative discharge, with "Other Than Honorable Conditions" Characterization (See: http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm).

Hope this helps!

Rod Powers
http://usmilitary.about.com