Can I receive an article 15 for unknowingly being AWOL for a year? Help!?

2016-01-06T20:00:00-05:00

UPDATE 02/12/2021

WOW! This thread really blew up! And people are still commenting (some ruthless) for the past 5 years, so an official update and hopefully this thread dies down, like, completely.

I finally obtained an IST after a year of trying. State of Indiana never sent my paperwork to Missouri, so I had to call IG to figure out what was going on (that's how I found out that Indiana never sent my paperwork - I wasn't showing up on Missouris' roster, and Indiana wasn't showing me on theirs either, just that I had been discharged from Indiana NG). 3 weeks after the phone call, I was officially in the Missouri ARNG. I drilled faithfully for the remaining 4-5 years, and ETS'd in February 2020. I also had a hysterectomy that same month, and I do feel much better now. The previous November I had my miracle baby, as you can read in the update following this one. He is now 15 months old, and my pride and joy.

To clear the air a bit: No, I was NOT receiving pay while I was AWOL - that comment meant I didn't want to lose the money I COULD BE EARNING while drilling faithfully.

I plead my case to my Commander, 1SG, PS and new SL (he was team leader before this stupid mishap). The NCO that told me I was being discharge DID own up to his mistake. A case of mistaken identity (there was another girl in the unit that it was meant for - we looked a lot alike. A unit of that size, I can understand the mistake, however, I guess I should have stated who I was and maybe all of this wouldn't have happened). Also with that being said, I was never previously discharged before, so I didn't know about the paperwork needing to be signed. ALSO with that note, I still haven't received anything about my recent discharge/ETS as of yet, and it has been a year.

Since I had paperwork with me upon my return, it helped my case. Everything from the miscarriage until my doctors release. After the miscarriage, I did supply my unit with a doctors note - that must have been lost in a pile and never submitted, therefore my unit couldn't process an "in-house medical leave" as some could call it, profile, whatever the case. My then Squad leader didn't even pass on the message of my being in the hospital after my miscarriage, as it was the Friday before drill. One would think he would have the brain capacity to do so - no.

I had a very large fibroid on my uterus. I lost my baby when I was 14 weeks pregnant, but registering as I was almost 20 weeks pregnant. 2 weeks prior to the miscarriage, the tumor, as I called it, and the baby were fighting each other for survival. For those who don't understand fibroids, it's basically a mass of cells (benign, non cancerous) that survives off of blood flow, and so does a baby/fetus. The tumor was dying, and so it was trying to fight to survive. It caused excruciating pain, almost paralyzing pain, and honestly, the way Indianas' healthcare system is set up, I couldn't receive the treatment I needed. I had already known about the fibroid a good 3 years prior to this, and upon being assigned a General MD (until 36 weeks pregnant, then the pregnant woman gets referred to an OB/GYN for the remainder of her pregnancy - no choosing a doctor in this instance), but no one was listening to me when I stated that I would be high risk until it was too late. Due to this nature, my uterus wasn't shrinking like a normal one would - prolonging my healing. I did communicate with my SL during this time, he would say "Just keep me posted", not knowing he wasn't passing the message on. Finally I received release paperwork from my doctor, and I immediately went straight to my unit to give them said paperwork, and that is when the NCO told me the "bad news". I was being discharged. So, what I'm curious about, is why you all say I should have given them my phone number or address after being told about the "discharge"? In my mind, I was getting out. No need for future correspondence. Thank god for Facebook, huh? A non-acceptable form of communication really did work out in the end. I honestly don't know why it took the new SL to get ahold of me, I still wonder to this day, but I'm honestly not going to lose sleep over it.

Times were getting tough for us, my then boyfriend/now Husband relocating for work, and us not knowing anyone, no babysitter for the older kids caused us to move to Missouri so we could be with my aging father and take care of him/him take care of us kind of deal. I didn't think giving my old unit my new forwarding address or phone number mattered, as I "thought" I was being discharged. However, if all that didn't happen, I do believe I would still be in that wretched state (can you guys tell I despise Indiana? I was born there, moved her to Missouri in 1996, and moved to Indiana to be close to my biological dad after my mom passed in 2013, AND hopefully get free of my abusive ex-husband (yes, it worked), where I met my current husband). Ironically, 2 weeks prior to our move to Indiana, I ran into my PS at the restaurant I worked at, and he didn't even seem to know about my miscarriage (which should have thrown flags up by his confused look) and he DID come back for me once he realized I was still on their roster, however we had already moved at that time. So yes, he did try.

SOOO... I think that sums it up.

PLEASE, for all things holy, do not respond to this thread.. It is very old, and it gets tiring repeating myself to new comments (which, hopefully with this update being first on the list, you guys won't need to comment).

Was I a crappy soldier? I don't think so. I always did what was asked of me, within reason. Did I stop caring after being AWOL for a year and coming back? Yes. I know I probably didn't "deserve" respect, perse as far what had happened, but there should be a line as to how to treat a soldier no matter what their APFT score is, their height/weight, etc. Some of the leadership in that unit really sucked, and some of those leaders treated others like shite no matter their stance in the unit....

For instance: a PV2 that never had a passing PT test was able to be team leader before a SPC. Doesn't make sense, does it? I'm not sure what the term is... Hazing, maybe? Bullying definitely. Belittling in front of others, etc. that happened quite a bit. Thats not professionalism. So yes, I stopped caring. Because I was the target. From my own squad leader. No matter what had happened, I didn't deserve that. I could have easily taken a dishonorable being so many states away, but I didn't. I went back and tried my hardest to be a good soldier, 12 hour drive one way. There was even a time that I VOLUNTEERED to be on door guard duty for someone so s/he could use the latrine and get something to eat, to NOT be released the entire day and watching all the other platoons and companies of the Battalion be released to go home. No relief. I got a phone call when I was on my way home asking where I was at, and that "You weren't relieved of your duties, you need to come back" My response? "We were released" to be told "No, the unit was released. You were not." Shit ass unit. Sorry for my language. Once I got my IST I never looked back. Even my new unit had to un-f*ck my paperwork that was sent over. The new unit treated me like I was family, like a unit should (IMHO).

Thank you all for reading the new update. Things are going very well for me. So well in fact, that an injury I sustained in BCT/AIT 14 years ago is now being reviewed for VA Disability. Tinnitus was approved, just waiting on the others.

UPDATE 11/15

Since so many people have been responding to this 3 year old thread, and not really reading updated comments, here is an official update:

So, when I returned to my old unit, I have medical documentation, and also provided insight on the miscarriage and baby as well. He would’ve been born with Trisomy 13, which also gives a short life span as well, so in my eyes the miscarriage is kind of a blessing. My commander and 1SG were informed of what happened, made copies of my medical documents, and asked what I wanted. I requested to stay in (since I was originally looking at a hardship discharge due to the pregnancy in the first place, since I was no longer pregnancy and physically/mentally stable, I requested to stay in). At this time, I had an actual discharge packet at state for being unsat, and my CO informed me that if she could pull it then she will, but if not then it would go through and I would receive a general discharge. The following Monday I received an email stating that she successfully pulled the packet.

From then on (that is January 2016) until August, I continued to drive 12 hours one way to drill; I had to miss in July due to family reasons, but I’m August I went up early to make up the July drill. When I was an hour away, I called to make sure someone would be there, so I could sleep in the armory. At this time, I was asked if I wanted to do an IST, I said yes. I was also informed that my July drill had been excused (more non communication from my CoC- go figure). That following September, I was drilling with a new unit in my current HOR state. That unit was scheduled to deploy to Cuba the following summer. I wanted to go. However, my transfer wasn’t complete at that time, come to find out, Indiana has discharged me from their records (so Missouri could pick me up), but never sent the paperwork. From July until September 2017, I was in Limbo - not actively drilling because “I didn’t exist” in ANY states records. I called IG, and within 3 weeks I was on the roster to a different unit (the one I was trying to deploy with had already left, so I found another unit). Currently still in said unit, and on good drilling status.

Since I couldn’t go to Cuba in 2017, there was another unit scheduled to deploy May of this year to Kuwait. I wanted to go as well. And my name was actually on the roster to deploy.

Why didn’t I?

I found out I was pregnant in february; and on 11/3 I delivered a healthy, beautiful baby boy. My miracle finally happened! I had a rough beginning of pregnancy, when I was 6 weeks I went to the ER due to severe cramping (thought I was having a miscarriage again); doctor said it was a blighted ovum (Empty sac) because my HCG/PH levels weren’t as high as they should’ve been. So I went home, waiting to pass the fetus. A week went by, and still nothing.

Come to find out, I was a week behind. So instead of being 6 weeks at that time, I was actually 5 weeks. I still have the tumor, and in the spring time everything will be taken out.

And yes, the fibroid has and still is registering me as pregnant, by the measurement guide. When I was pregnant, I started out measuring at 12 weeks; towards the end I was only a week ahead (measuring).

No, I was not receiving pay while I was absent, and the “warrant” for my arrest was a ploy to get me back, which he didn’t have to threaten with and lie about. I would’ve been back to drill that May if they had informed me of my actual status; but honestly, why would I keep in communication with a unit that is discharging me, and telling me I no longer have to show up? In my eyes, I was done. That unit wasn’t my favorite, so I’m not gonna go back and talk to people like they were my teachers from High School, post graduation.

I had a miscarriage last January, and by not healing quick enough my former Readiness NCO told me that I was being discharged (In April). This past December, My "new" squad leader had gotten ahold of me via Facebook and let me know what was going on, if I didn't show up then I was going to be arrested, et cetera.

What I don't understand, is why didn't my platoon sergeant tell me that I was still on the roster when I saw him in August? I have moved two states away since then, and now I have to travel 12+hours to go to drill.

I need help, I don't know what to do, say, et cetera. I'm in the National Guard, and I was told long ago that article 15 can't be given to National Guard soldiers due to just being one weekend a month. Honestly, I'm scared. I waited a long time to get E4, and I don't want to lose it, nor my pay because I'm hurting as it is.

Any questions, just ask. But I really need advice. I plan on showing up for drill, and I don't want to be discharged, but a part of me thinks this is a set up to arrest me, which apparently there is a warrant for my arrest, and I don't know how to look that up either.

Thankyou.

Response by LTC Yinon Weiss made Jan 6 at 2016 8:09 PM

2016-01-06T20:09:31-05:00

Article 15s happen all the time in the National Guard. It doesn't necessarily mean you will lose rank. Bring as much evidence as you can and be respectful. Accept responsibility, speak the truth, and take whatever happens as a learning point. I suppose it varies by State, but it seems highly unlikely anybody would want to arrest you just because you missed drill for a while, especially if it seems like you are now doing the responsible thing. You should also seek an interstate transfer so you don't have to commute 12 hours to your unit anymore.

Response by SFC Private RallyPoint Member made Jan 6 at 2016 8:13 PM

2016-01-06T20:13:24-05:00

Ok. Couple of questions here.
1. Did you keep your unit informed and turn in the proper medical documentation?
2. Are you currently drilling anywhere? If I'm understanding your post are you saying Jan of 2015?

No. The Guard does not do the Art 15. NG Soldiers fall under each States codes.

I don't know want your units policy is on AWOL. I can only speak for what we have in my unit, but part of our AWOL policy is yes a warrant is sworn out (per state code) after 6 UTA's missed.

Response by SSG Private RallyPoint Member made Jan 6 at 2016 8:14 PM

2016-01-06T20:14:57-05:00

My best advice is to request an audience with your 1SG and Commander through your Chain of Command/NCO Support Channel. If they're hell bent on the UCMJ, you have the right to consult a Staff Judge Advocate (JAG Officer). You may have a case that should be heard in a courts-martial to ensure proper AWOL contact/recovery procedures were followed.

Response by MSG Private RallyPoint Member made Jan 6 at 2016 8:16 PM

2016-01-06T20:16:34-05:00

Several questions:
1) How many Battle Assemblies have you missed (consecutively)?
2) In regards to being told you will be discharged, had ANYONE ever gotten a hold of you about that after being told?
3) Did you, at any time, make contact with your unit about your status?

Now, about USANG receiving Article 15s, according to AR 27-10 dated 3 Oct 2011:
20–2. Policy
a. United States Army Reserve Soldiers will be subject to the UCMJ whenever they are in a 10 USC (Title 10) duty
status. Examples of such duty status are active duty (AD); active duty for training (ADT); annual training (AT); active
guard reserve (AGR) duty; inactive duty training (IDT). Inactive duty training normally consists of weekend drills by
troop program units, but may also include any training authorized by appropriate authority. All USAR Soldiers are
subject to the provisions of the UCMJ from the date scheduled to report to AD, ADT, AT, or IDT until the date the
Soldier is released from that status. For examples of IDT, see AR 140–1.
b. All ARNG Soldiers will be subject to the UCMJ when in Federal service as Army National Guard of the United
States (ARNGUS) under 10 USC, and when otherwise called into Federal service. The ARNG Soldiers are not subject
to the UCMJ while in State service under 32 USC (Title 32).

My advice to you, is to find a way to either attend your drills, or see if it is possible to attend drill with another unit, and then get permission to drill with another unit. Contact your chain of command and find out specifically what your status is. Also, I would HIGHLY recommend you contact JAG and seek legal advice about your standing and any course of actions you may have/need to take.

Response by CPT Private RallyPoint Member made Jan 6 at 2016 8:24 PM

2016-01-06T20:24:47-05:00

I think you have enough info about the UCMJ now. But you need to contact your state and do a IST, or InterState Transfer. They are common among the National Guard. You have the ability to change your state when you move. You shouldn't have to drive 12 hours for drill. That defeats the purpose of the Guard. I would contact your state, via your RNCO, and try to get caught up. Once you get that fixed you should be get an IST.

I will say that you are in a bad place. Unless you have paper work saying the type of personnel action is taking place then you don't have proof. Some guy telling you something won't stand up. It does happen.

Response by SGM Billy Herrington made Jan 6 at 2016 8:36 PM

2016-01-06T20:36:19-05:00

SFC Private RallyPoint Member hit the nail on the head. Let me ask some questions/statements for clarity.

You had a miscarriage in Jan 2015 (my condolences on what me a very painful time in your life)

You were told you would be discharged in April, presumably for missing drill?

In Dec you were told if you didn't show up you'd be arrested?

What extent did you go to in order to keep your unit informed of your medical condition? The RNCO doesn't determine when you are healed from anything. Your personal DR does. It's YOUR responsibility to provide the unto with this info. All your RNCO can do is what the states AWOL policy dictates if you aren't keeping them informed.

After finding out the potential discharge scheduled for April, what did you do? Contact RNCO about your situation? Provide medical documentation?

In Dec did you do anything?

Did you inform them you moved? They would have initiated a transfer for you had you signed a letter saying you wanted too.

People are not mind readers. YOU must keep YOUR unit informed of any and all life changing events. To include medical issues that might precede you from attending drill.

If you go to your unit you will probably be arrested in front of the formation. You may hear the phrase, WHAT TYPE OF BIRD DON't FLY? Someone will holler out JAIL BIRD.

It's a trick I used many many times as a RNCO.

Response by 1SG Private RallyPoint Member made Jan 6 at 2016 9:12 PM

2016-01-06T21:12:04-05:00

OOOHH BOY. Talk about a case study in crummy leadership.
I sincerely wish you well after what must have been a tough loss. I can't even imagine what that was like. Now let's peel the onion.

First, you are doing the right thing by going to drill. You are your own best advocate.

Second, telling you that you will be separated is very different from being separated. There is an official notification that gets sent to you by official, certified mail informing you of your commander's intent and apprising you of your rights. If that didn't happen, then your UNSAT packet went nowhere.

Third, while you can't be issued an Article 15 unless you were on Title 10 orders, more than likely your unit had an AT that you didn't go to, and missing that can bring punitive action. The commander could also reduce you administratively. Once again, going there and explaining the situation will get you far.

Fourth, if you want to continue to serve, you should pursue a unit to unit transfer to somewhere closer to home.

Now, as a senior NCO, I have a lot of red-butt about this.
Your unit is pretty jacked up for neither communicating with you nor following through on an UNSAT discharge. Chances are, their ineptitude will work in your favor, but it is still pretty chewed up.

You are definitely not in the right either. You are obligated to inform your unit you had moved, that you were pregnant, and that the pregnancy ended. At least some of that doesn't look like it happened.

Now you have a chance to turn the page and get back on track.

Response by MAJ Bryan Zeski made Jan 6 at 2016 9:48 PM

2016-01-06T21:48:23-05:00

I'm no lawyer and have no real idea about NG business - HOWEVER, if I thought there was a chance that I was going to be arrested two states away from my home, I would steer clear of that area until the issue is resolved. First thing I'd do is get a lawyer and get some sound legal advice on how to come back into compliance without being arrested.

(For the record, my original thought was to go to the Drill and face the music - and that the threat of being arrested there was just a threat - SGM Billy Herrington 's story about jail birds changed my mind on that one. I wouldn't risk being arrested away from any outside support.)

Response by SN Greg Wright made Jan 6 at 2016 9:52 PM

2016-01-06T21:52:28-05:00

SPC(P) Delcina Myers There's plenty of info here about how to move forward. You asked about knowing if there's a warrant for you, though. There's a couple of things you can do. Call a lawyer, explain your situation, and ask them to find out for you. Most will do this free because if you wind up needing one, they want to be the one you hire. Alternatively, you can simply call the local police.

I'm sorry for your loss. Good luck.

Response by SGM Erik Marquez made Jan 7 at 2016 9:24 AM

2016-01-07T09:24:59-05:00

Of all the great advice given in response to the question this is some of the best 1SG Private RallyPoint Member "Once again, going there and explaining the situation will get you far."
As well as.. stop talking to us, and start talking to ADLAW on a military installation.. If they are going to charge you and offer NJP, they should tell you to seek legal advice ..
If on Active duty you go see legal on post.. Im not sure if that is an option for a NG or reservist .. I would hope so ..but I don't know...

Response by 1SG Joseph Yorski, MHS made Jan 7 at 2016 9:44 AM

2016-01-07T09:44:32-05:00

First off, you're in the Guard. UCMJ does NOT apply unless you're on Title 10, which I presume you're not. Second, nobody's arresting anyone for not coming to drill. They'll just boot you, which I'm surprised they haven't done if you've really been AWOL for a year and not listed as INCAP or ING. Third, why are you travelling 12 hours to drill instead of IST'ing to your new home state? This is a question you should take a look at before going back to a unit like that.

Response by SGT Private RallyPoint Member made Jan 7 at 2016 10:27 AM

2016-01-07T10:27:42-05:00

I am trying to be sympathetic here, but this is how I see it.

If you have not been discharged, you are still a soldier. It IS your units job to keep track of you, but YOU have an obligation to keep your unit in the loop while you are on the books. You cannot just up and move from the state without letting your unit know. You have been in, what it looks like, for a long time - you should know the rules.

I am sorry for what happened to you outside the Army, but you have been without contact with your unit for a year... I am surprised if they would let you back in.

Response by Lt Col Scott Shuttleworth made Jan 7 at 2016 2:41 PM

2016-01-07T14:41:35-05:00

Well, speaking form a old commander perspective:

From the govt side my questions would be:
1.) If you need the money and don't want to lose it, as you stated above, insinuates that you have been receiving it since Apr when you left. If that is the case, you knew you were getting paid for something you weren't providing the government.
2.) Why didn't you verify with the 1Sgt or the orderly room of your status prior to you moving...especially 12 hours...i.e., unit activation or recall for natural disaster or another call up with a very short reporting time.
3.) As a commander, me and my SGM would be calling the personnelist, your squad leader, and 1Sgt in to ask why hasn't this been brought to our attention in Sept when you didn't show up for drill. They would be getting some accountability as well.

From your perspective:
1.) I would show up and see what happens. You also have the right to a Defense Counsel if you feel you need it. That would be my first call to get the correct and proper legal advice versus advice from barracks/platoon/Rally Point lawyers. Ask them to be available if no other way by phone when you report in.
2.) Soldier up and get it done. Most times the real event is no where as tough as the anticipation of the real event. Get it done, and request a transfer to a Guard unit near your new address.

Without all the facts in the case this is all I can say. Good luck.

Response by SSG James Newman made Jan 7 at 2016 2:46 PM

2016-01-07T14:46:07-05:00

This is all good advice. I'm sorry you are going through this and I think all the leaders here can agree that this likely wouldn't have happened had you had better leadership. I would have been checking on you every month to see your condition. Even though on the surface it doesn't look like you have much responsibility in this SNAFU, when discussing this with your leadership accept responsibility for something whether you believe it is your responsibility or not. Finally, remain calm and respectful at all times.

Response by CW2 Carl Swanson made Jan 7 at 2016 4:40 PM

2016-01-07T16:40:59-05:00

I responded in one of the threads, but my first gut reaction is "Where is JAG?" There should have been attempts made by the Chain of Command to locate/ communicate with you. Have you spoken to a defense attorney from JAG and asked THEM what you should do or what your options are? Has anyone suggested getting a civilian Military Defense Attorney?

I don't know all the parameters or what was said by whom and what paperwork was done and by whom. JAG would be the ones to wade through all of that. That's what they get paid to do!

Response by SGT(P) Private RallyPoint Member made Jan 7 at 2016 4:44 PM

2016-01-07T16:44:57-05:00

Your best bet would be to seek legal advice from JAG. I wouldn't be too worried about an article 15 if I were in your shoes. I would be more worried about a dishonorable discharge.

Response by CPT Private RallyPoint Member made Jan 7 at 2016 10:15 PM

2016-01-07T22:15:02-05:00

Call the local Sheriff and/or police department to check if there is s warrant. You can also check with the local county clerk of court. As far as UCMJ, yes you can receive UCMJ as a M-Day soldier. If your command chooses to go that route, then contact the State's trial defense services before speaking to your command about UCMJ action.

Response by CW3 Private RallyPoint Member made Jan 8 at 2016 11:35 AM

2016-01-08T11:35:16-05:00

Article 15 is not a big deal... I got two of them during my time in. Think you just need to talk to your unit. I've heard of national guard sdiers getting a weekend in jail but that was a while ago. Talk to your commander, or better yet find out who your jAG is for the state and contact them. Don't talk to us every state is different

Response by CMSgt Private RallyPoint Member made Jan 8 at 2016 7:32 PM

2016-01-08T19:32:39-05:00

As a human, I am immensely sorry to hear of your loss. You have my full sympathy.

As a Chief/SNCO, I feel as I do not know all the facts here. One statement is puzzling me. "I waited a long time to get E4, and I don't want to lose it, nor my pay because I'm hurting as it is..." Didn't you already resign to the fact that you lost both of these by not showing up for a year? If you hadn't followed up on formal discharge paperwork nor assured your own attendance, these things appear to be low priority to you anyway.

Response by SSG Delanda Hunt made Jan 9 at 2016 3:43 PM

2016-01-09T15:43:03-05:00

You should get a Medal for escape and evasion.

Response by SSG Private RallyPoint Member made Jan 15 at 2016 5:43 PM

2016-01-15T17:43:55-05:00

In the military, and life in general, never take something as being done and finalized until you have the fine print signed and in your hands.

You can get an article 15 in the National Guard. I don't know who told you otherwise.

Your unit is supposed to contact you for every missed month and inform you of possible or pending AWOL proceedings. They might have tried and been unsuccessful because of your address change because they need to do so by letter to your recorded Home of Record. It didn't seem to stop your new squad leader from making contact with you though.

Call JAG and tell then the entire deal. Get real, solid legal advice from the pros on this one. Definitely plan on going to drill, but go to JAG first. You want to have an idea of how they will treat you and what your rights are. JAG can help you prepare for that first drill back.

Response by LTC Private RallyPoint Member made Jan 17 at 2016 12:28 AM

2016-01-17T00:28:49-05:00

Based on what you are saying, some NCOs in your unit need to get counselled. What bothers me is that nobody from your unit has been following up on you. No, you cannot get an Article 15. You were not absent without leave (AWOL) since you are not on active duty. Yes, you can be discharged, but that is not likely to happen. The commander may reduce your rank for missing more than four battle assemblies, but he/she does not have to.

Response by LTC Private RallyPoint Member made Jan 17 at 2016 12:33 AM

2016-01-17T00:33:10-05:00

Please report back to your unit as soon as you can. An intelligent leader should review the merits of your case. By the way, the National Guard may transfer you to the Individual Ready Reserve. From there, you can join a Reserve unit.

Response by SFC Michael Smith made Jan 21 at 2016 12:46 PM

2016-01-21T12:46:35-05:00

What I would like to know is who is still giving you the pay you don't want to lose? Heads will roll if you've been paid that long without making an appearance or attending drill somewhere else.

Response by SGT Andrew Goetsch made Jan 21 at 2016 1:42 PM

2016-01-21T13:42:23-05:00

You can't be serious. You stop showing up for duty with no discharge and claim you were "unknowingly AWOL"? You really need to stop basing your decisions on "I was told" See the JAG and realize that trying to evade responsibility for your actions doesn't help.

Response by SFC Terry Murphy made May 3 at 2016 9:41 AM

2016-05-03T09:41:42-04:00

My question, that you did not address, but you did say you needed the pay, is were you receiving a monthly check for your NG service each month? If so, you should have realized you were still on the roles. If you were getting paid, you should have at least called your unit to find out if you were separated and why you were still receiving a paycheck.

Response by Sgt Private RallyPoint Member made May 7 at 2016 5:08 PM

2016-05-07T17:08:02-04:00

SPC(P) Delcina Myers I am so sorry for your loss. Please provide an update on your current situation.

Response by SGT Private RallyPoint Member made May 24 at 2016 1:26 PM

2016-05-24T13:26:21-04:00

I have personal experience here. If you missed an AT or 9 consecutive utas Durring a 12 month period you should have received certified mail no matter your address. Because even if you moved your unit has your previous address and your mail is forwarded to your new address. If your unit failed to put that paperwork together or annotate your status on a NOVAL pay list then you should be able to and should go back to drilling ASAP. Firstly I would contact the unit immediately to let them know of your whereabouts and obtain a new drill schedule and contact roster for your section. If you take nothing else from this remember communication is key.

Response by SPC(P) Private RallyPoint Member made May 24 at 2016 1:28 PM

2016-05-24T13:28:12-04:00

SPC(P) Delcina Gasho I am sorry for you loss. I have went through a miscarriage before and I understand the pain it causes. However, it not only is your units responsibility but your own to contact them monthly so they are aware of your status. I get its a tough time, but I still went to drill every month because it is my duty. As far as moving goes did you not contact your unit as to when and where you were moving? And did you find a unit where you were moving to prior to moving?

Response by TSgt Jennifer Disch made May 24 at 2016 1:42 PM

2016-05-24T13:42:43-04:00

Find the nearest Army defense counsel at the nearest Army Post and say nothing else on these forums or any other ones!

Response by David Martinez made May 24 at 2016 1:47 PM

2016-05-24T13:47:45-04:00

For starters you should have received paperwork stating you were in fact discharged!

Response by WO1 Private RallyPoint Member made May 24 at 2016 1:50 PM

2016-05-24T13:50:27-04:00

I don't know why people keep calling you SPC (P) you shouldn't have your P status at all

Response by PO2 John Weidenfeller made May 24 at 2016 1:56 PM

2016-05-24T13:56:56-04:00

We'll I'm not sure about the National Guard side, but I know with the Navy Reserve, you have to notify your unit and the Navy Reserve Center Man Power and tell them your relocating out of state. And normally they'll transfer you to the nearest reserve center based off your relocation out of state. Now due to the fact that you didn't utilize your options I don't really know if there's a lot that you can do now. You could try calling the local law enforcement, or request to see a JAG officer if they will see you. 1SG Healy made a lot of key points. I think he identified the best options for you. the longer you wait though, the worse it will be. As a Specialist, and a future NCO your given the responsibility and held to a higher standard. Good luck.

Response by TSgt Ralph Hetzel made May 24 at 2016 2:04 PM

2016-05-24T14:04:12-04:00

Sit tight. When you get pulled over, you will find out soon enough if you got outstanding warrants for your arrest.

Response by CSM William Payne made May 24 at 2016 2:11 PM

2016-05-24T14:11:09-04:00

You need to go straight to the local JAG officer in your chain of command and relay this information right away and seek formal advise and your options.

Too many parameters and unknowns here.

Do this ASAP.

Response by SGT Mark Wiles made May 24 at 2016 2:48 PM

2016-05-24T14:48:09-04:00

I feel for you on your medical issue, my ex-wife had three miscarriages before our eventual divorce. But according to your story, you stated you didn't want to lose your rank or pay as you are already hurting as it is. Can I take that to mean you've been getting paid this whole time? If that is the case, you should have known that you weren't discharged, and what made you think it was ok to move two states over when you knew you were still getting paid? Sounds like you are regretting joining in the first place and not truly sorry for your predicament.

Response by COL Jeff Williams made May 24 at 2016 2:55 PM

2016-05-24T14:55:01-04:00

Your readiness NCO is also a doctor? Well either he is an over educated readiness NCO or a lousy Doctor. Why he was providing a prognosis is beyond me

Response by SPC Private RallyPoint Member made May 24 at 2016 2:58 PM

2016-05-24T14:58:28-04:00

You're not on title 10 orders and therefore can not be arrested for being AWOL from the national guard. I could he wrong but I also don't think you can get an article 15 while on title 32.

Response by SSgt Private RallyPoint Member made May 24 at 2016 3:37 PM

2016-05-24T15:37:46-04:00

Since you are in the national guard/reserves you should have already received a DD-214 upon completion of basic training, and therefore you are not subject to the UCMJ when not drilling- including missing drill (it only counts if you are mustered at drill). The only way you can get charged is if you were to show up to drill on a Saturday and then not show up on a Sunday. Trust me- national guard/reserve units don't have the teeth do arrest you outside of drill let alone the ops tempo to even consider it.

The issue isn't punitive action; the problem is that you have been gone for so long that you probably have an admin sep package waiting to be signed. If you want you could just wait it out and eventually it will mean total separation with an OTH; the only thing they care about is getting any issued gear back which they will bill you with and eventually check against your credit. Another issue is that you have not been receiving letter is the mail I take it? So if you want you could fight it under the claim that you were never informed via letter that you were AWOL and get into a whole legal mess- not your best option.

If you want to stay in, you will have to travel the distance, request billeting, and make up all those missed drills -unpaid- until you are back in good standing with your unit. Once that is accomplished you will be able to inquire about transferring to a national guard unit closer to home, but they won't even consider that until you are in good standing with your current unit.

This is all under the assumption that you have this type of time; get in contact with your FIrst Sergeant and see if a package has even been started, then follow the steps. If it's already in the works, you might as well just make the drive to turn in your gear and stay home until you are separated.

Sorry if that's not the answer you are looking for, but that is the most realistic.

Response by SN Stephanie Croft made May 24 at 2016 4:28 PM

2016-05-24T16:28:04-04:00

Contact your unit command and inform them you will be at drill but request a formal meeting to plead your case. Both you and your chain of command are at fault. Also have on hand your medical records showing you were pregnant and you had a miscarriage. Also have on hand any proof of corespondance you had with your chain of command of possible. This will help plead your case. Also might contact a JAG officer for legal advice. This is a very tricky situation. I am so sorry for your loss and hope for a good outcome.

Response by SGT Marc Riordan made May 24 at 2016 5:05 PM

2016-05-24T17:05:21-04:00

tuats not how this works, that's not how any of this works.

Response by SGT Marc Riordan made May 24 at 2016 5:06 PM

2016-05-24T17:06:49-04:00

The national guard can't arrest you, unless you were on federal orders and deserted. They should have dropped you from their rolls, moving you to the irr.

Response by SFC Private RallyPoint Member made May 24 at 2016 5:38 PM

2016-05-24T17:38:41-04:00

Do not say a word and ask for legal counsel. Also, make sure you have your medical records that show your issues at that time. I wish you the best and I hope your poor leadership gets what they deserve.

Response by SFC Antonio Nieto made May 24 at 2016 5:39 PM

2016-05-24T17:39:53-04:00

Are you active or national guard

Response by SFC Antonio Nieto made May 24 at 2016 5:49 PM

2016-05-24T17:49:48-04:00

Okay first of all you can't get an article 15 because you are on drill status, you have to missed a maximum of 8 consecutives muta periods in order for your commander to submit an awol package to start your discharge from the national guard, if you receive a bonus at the time of your enlistment, you might have to paid this back to the government, also make sure you keep an open channel of communication between, you and your leadership, I would advice you to turn all the gear you have received from the unit take everything with you and let your supply Sargent decided what you are allowed to keep, together with your awol package they have might also created stamens of charges because the commander will argued that their she has made several attempts to take the gear back without any success you ate not getting arrested, and anyone that tells you so is wrong just do what is right and turn your gear the military is not for everyone, but sometimes you are better off doing the right thing

Response by SSgt Private RallyPoint Member made May 24 at 2016 6:07 PM

2016-05-24T18:07:36-04:00

I would count my blessings and start showing up for drill. I don't believe the warrant statement. People stop showing up for drill all the time (we call them ghosts). We simply place them on inactive status and list them as ineligible to re enlist. I've never heard of putting out an arrest warrant for a no show.....

Response by SPC Tony Bucaro made May 24 at 2016 6:14 PM

2016-05-24T18:14:28-04:00

First ... I have to say that I am sorry for your loss last January.
Second ... Your pretty screwed. Being an E-4(P) you have to have been in the Guard for more than a day. I'm sure you knew that you had to let your chain-of-command know that you were moving so you could either transfer units or make arrangements to make your drills. So I don't buy that "I didn't know" story.
Third .... If you want to stick to that story that you didn't know, then your chain-of-command needs to bust you down to a Private and have you start all over again. I don't know what Army you are in but when I was in the Army (89'-97') E-4 (P's) were Team Leaders. They were in charge of soldiers, equipment, and other leadership tasks. They led by example. This is NOT leading by example.
I'm sorry to be so forward but fact is fact. I have served 8 years in the Army all of which was Active Duty and all of which was Infantry. I am still serving as a DoD employee on Ft. Campbell, KY. in the Health Care field for the last 14 years. I have seen how "Joe" has evolved over the years and it's pretty sad to say the least. The Army .... my Army .... has been gone for a long time now and this is whats left ...... "Mushy Joe" ..... take responsibility for your fuck up and drive on!! HOOAH!!

Response by PO1 Terese Duffy made May 24 at 2016 7:18 PM

2016-05-24T19:18:11-04:00

Contact a civilian attorney that specializes in military law faster than ASAP!. Do not say anything else about this to anyone but your lawyer. Anything posted on any social media site WILL be used against you.

Response by SGT Private RallyPoint Member made May 24 at 2016 8:31 PM

2016-05-24T20:31:22-04:00

Everyone talking about why she didn't contact her unit, ok poor choice on her but has the unit been in contact with her? I know if my soldier don't show up to first drill I'm on that phone calling trying to find out why. In her situation it should've been so start contact on both ends of the line collectively.

Response by MSgt Private RallyPoint Member made May 24 at 2016 8:37 PM

2016-05-24T20:37:59-04:00

You can have a bad year and still be on the units roster. You can also ask for excused drills for a period of time. You can also be placed in IRR for sometime then go back to your unit. What is perplexing is the fact you seem to not know what status you are in. Your commander and chain of command along with you would have been involved in any of these decisions. Call your immediate supervisor, or their supervisor or your 1st Sergeant. It could be as easy as you getting a bad year but you stay in. If you cant drill due to the distance then you should ask to be placed in the IRR to finish your commitment.

Response by SPC Jonathan Packard made May 24 at 2016 8:44 PM

2016-05-24T20:44:36-04:00

Under your circumstances you will only be discharged. If you were regular duty it would be a different story. I would not lose any sleep over this.

Response by Capt Mark Strobl made May 24 at 2016 8:52 PM

2016-05-24T20:52:17-04:00

SPC(P) Delcina Myers - If the situation is as anteceptic as you describe, there is a two-fold failure: One on your behalf and the other upon your command. Taking your statement at face value, I would recommend you decline the Aticle 15 and accept Courts Martial. At the end of the day, you will have to accept the consequences of your own decisions. But if you are truly not guilty of anything beyond some mutually poor communication, a Courts Matial may find you innocent --especially in light of ALL mitigating circumstances. Get your proverbial ducks lined up!

Response by Sgt James S. made May 24 at 2016 8:52 PM

2016-05-24T20:52:46-04:00

If you were discharged, you would have known it, because you would have received the paperwork. Until then, you are still in. So, sounds like you went UA and then compounded it by dropping out of contact with your unit and moving away. Not much room for sympathy here. Go plead for mercy before it gets worse and square yourself away for the future.

Response by Lt Col Robert Van Hee made May 24 at 2016 9:14 PM

2016-05-24T21:14:50-04:00

It doesn't sound to me like you have been very seriously engaged in this all along. From April to December, 8 months went by, and you never followed up on your status? Having said that, you shouldn't make another move until you talk to a JAG. You need to find out what your options are for continuing service, and then do exactly what you are told to do. Take this seriously.

Response by CSM Private RallyPoint Member made May 24 at 2016 9:22 PM

2016-05-24T21:22:25-04:00

1SG Jerry Healy is spot on. I would only add that you consult with your local JAG for legal advice.

Response by PO2 Elbert Steven Rakes made May 24 at 2016 9:27 PM

2016-05-24T21:27:33-04:00

You should go in for a weekend drill and face the music no matter what, get it behind you !

Response by SSG Private RallyPoint Member made May 24 at 2016 9:32 PM

2016-05-24T21:32:37-04:00

On a point of personal accountability you should have maintained an open line of communication with your chain of command throughout your medical issue. That being said, you've got options. First off, you're not going to be arrested. What you need to do is request a Voluntary transfer to the IRR due to hardship. Once your situation is more stable you can transfer back to the guard in the state you now reside in. If there's a Reserve unit closer, you can also choose to join a Reserve unit when you come out of the IRR. I'm a reservist and a Military Technician. I routinely handle personnel issues like this on a regular basis.

Response by SP5 Chris Kellison made May 24 at 2016 10:24 PM

2016-05-24T22:24:27-04:00

You had obligation, your an adult. How do you know your not AWOL? I had such a problem with Soldiers not being responsible for their own actions. I am sorry for your situation , but you knew I will bet on it.

Response by SSG Private RallyPoint Member made May 24 at 2016 10:34 PM

2016-05-24T22:34:24-04:00

If you have all the doctors notes and medicine take it with you to the nearest post and surrender yourself to the MP. Station. Ask for legal counseling outside your unit. Also if your unit know or was informed of anything that happened to you and didn't help you need to ask legal how to process a legal complain on that.

Response by Cpl Rc Layne made May 24 at 2016 11:42 PM

2016-05-24T23:42:20-04:00

1. Talk to your chain of command and explain your actions.
2. Take responsibility for your actions.
3. Apparently you have "some extenuating circumstances" going on.
And how does a corporal not know how to handle this situation? If you had kept your chain of command in the loop on what was happening in your life to affect your ability to be at the appointed place at the appointed time, you would not be in this predicament. I honestly don't have a lot of sympathy.

Response by SSG Private RallyPoint Member made May 24 at 2016 11:51 PM

2016-05-24T23:51:09-04:00

So have you been receiving drill pay for those 12 months.

Response by COL Charles Williams made May 25 at 2016 12:32 AM

2016-05-25T00:32:39-04:00

I think, you should know the rules, and be responsible for following them....

Response by SGT Private RallyPoint Member made May 25 at 2016 3:17 AM

2016-05-25T03:17:07-04:00

Had you been in contact with them other that August and December

Response by LCpl Tad Cunningham made May 25 at 2016 3:31 AM

2016-05-25T03:31:54-04:00

Sounds to me like you were going through shit, said fuck it I'm not going, and assumed nothing would happen. It sounds like you're trying to find a scapegoat so as to push the blame rather than taking your licks for not showing up for your job for a year. No remorse is felt for your situation, as you put yourself into your current position by not being a responsible adult.

Response by LCpl Steve Smith made May 25 at 2016 4:36 AM

2016-05-25T04:36:09-04:00

SPC(P) Delcina Myers looks like there are more then a few great advice you can take, I Don't know how the National Guard works but I would also get some legal advice/defense to help you with your case so Contact the J.A.G. for the Guard and see if they can help you too.

Response by SSG Brian Kresge made May 25 at 2016 6:56 AM

2016-05-25T06:56:52-04:00

Lot of responses here, but I'd add that while you're not subject to federal UCMJ, most states have their own variant in state law, which may apply to you. It gets more difficult to apply if you've moved out of state.

If there is one thing that is axiomatic about the National Guard, however, is that the requisite paperwork behind a separation usually isn't right until they realize they actually need to start doing it. I've seen this and been a part of it.

You can probably still rectify this. No command is going to risk an IG peek at this circumstance. You may have to take your lumps for moving without notifying them. Communication is always key. If you want to continue to serve it will be very helpful if you are contrite and acknowledge where you yourself fell down in all of this.

I also don't say this to encourage you to do bad things, but both for your chain of command and for you, in almost all circumstances, I've observed since coming to the Guard in 99 after active duty, there's no consequence for almost anything duty related. It's something I continually find abhorrent, and why I'm insistent on building a trail of counseling for my soldiers. If I'm going to try and take a UTA of pay, I need that paper trail. It's like having a parent that threatens a punishment but never follows through, until we're on Title 10 orders and "stuff gets serious."

Response by SGT Luis San Roman Jr made May 25 at 2016 7:26 AM

2016-05-25T07:26:03-04:00

I honestly would just seek legal counsel and try to salvage what you can from this situation. BUT, as a soldier whether it be NG, Reservist or Active Duty if your stationed somewhere, you don't just moved wherever you want. Your appointed place of Duty is your place of assignment. I'm not going to move to Texas if I'm stationed in Ft. Polk, LA....that's just basic common sense.

Response by SFC Private RallyPoint Member made May 25 at 2016 7:50 AM

2016-05-25T07:50:04-04:00

So first off sorry for your loss. As far as everything else you have done, very unacceptable, you have been in the military long enough to know that if you don't show up for duty there will be consequences. You cannot go without talking to your readiness, squad leader or platoon sergeant for a year and expect to retain rank and everything will be as it was when you just decided to not show up and move to another state.
I suggest making it to drill and facing the fire. They can still discharge you depending on your Commander. Expect to lose rank. Coordinate with your readiness and Commander to try and do an interstate transfer to be closer to home. Take it upon yourself to find an MP Unit close to you that might have an open 31b E3 paragraph and line number.
Good luck to you and use your brain, that is why God gave it to you.

Response by CW2 Daniel Beauchamp made May 25 at 2016 8:19 AM

2016-05-25T08:19:14-04:00

Umm, confused by discharged followed with not wanting to lose rank or pay. When you are discharged you cease being paid. To continue to receive the money is theft, even if it just keeps being deposited. You have an obligation to get this sorted as soon as possible.

Response by Cpl Chris Bogadi made May 25 at 2016 10:06 AM

2016-05-25T10:06:47-04:00

If you were discharged you got a DD-214 and would not be getting a paycheck after being discharged

Response by SFC Eddie Richards made May 25 at 2016 10:22 AM

2016-05-25T10:22:53-04:00

Its a combination of crappy leadership and pure ignorance on your part. You signed up KNOWING what was expected of you. Medical emergency or not YOU should have followed up as soon as you were able. If you have serious medical issues they can and will work with you. Sounds to me like you just decided to do what you want regardless of your obligation.

Response by SPC Robby Robinson made May 25 at 2016 10:47 AM

2016-05-25T10:47:38-04:00

Sorry but something does not pass the smell test. You don't want to lose your pay, yet you claim you thought you were discharged. Seems to me that you would have already been in the mindset of doing without your pay since you claim you were discharged. I am sorry but I must call bullsh1t on your allegation that you thought you were discharged. You knew darn well you were not discharged. Leaving the military isn't like quitting your job at McDonalds. Sounds to me that you want to blame everyone else for your problems. (IE...your readiness NCO felt you weren't healing "quick enough" from your miscarriage and were being discharged as a result ) Women who go through full term birth are able to recover from C-sections within 90 days give or take. Yet you want us to believe you had not recovered in four months from a miscarriage? You thought you were discharged but by your own admission you were receiving pay

Sorry but you do not deserve to maintain your rank. Learn some accountability, dust yourself off, and move forward (if you are allowed to) beginning with E2

Response by SFC Robert Bower made May 25 at 2016 10:58 AM

2016-05-25T10:58:06-04:00

Call the IG office that covers your guard unit! Your NOT AOL if you made contact! Those are empty threats they made which shows their lack of knowledge abs training! Basically you have Shitty leadership! Call IG. inspector generals office.

Response by SFC Robert Bower made May 25 at 2016 10:58 AM

2016-05-25T10:58:41-04:00

AWOL, stupid autospell crap!

Response by SFC Robert Bower made May 25 at 2016 11:00 AM

2016-05-25T11:00:41-04:00

You can be, FOR failure to report. But, if you made contact, you reported! I say, F... them!

Response by GySgt Carl Rumbolo made May 25 at 2016 11:04 AM

2016-05-25T11:04:31-04:00

While I sympathize with your loss, I am incredulous at your statement 'unknowingly being AWOL'. You are (or where) an E4 in the United States Army (reserve or active duty is irrelevant) and you didn't know that you have a duty to report, or at the very least communicate with your command. On top of that you moved 2 states away - did you contact your unit about your move, provide them with contact information, new address, etc?

While your command certainly appears to have dropped the ball from a leadership perspective, you are wholly responsible for your own actions. You are apparently more concerned about the financial aspects - your E4 pay, rather than actually being concerned about your military responsibilities.

BTW - nice use of emotional plea ('I had a miscarriage') to distract from the actual issues of personal responsibility. Yes a miscarriage is an emotionally devastating event, however it is not an excuse to neglect responsibilities - there are processes in place to help deal with issues. In the civilian world if you suffered an illness or emotionally devastating event, and moved 2 states away, and didn't notify your employer, follow the appropriate HR procedures....well you would lose your job.

Response by SFC Robert Bower made May 25 at 2016 11:06 AM

2016-05-25T11:06:42-04:00

The guard is messed up. .. I understand how it could happen. . Go RA(regular Army) and quit wasting your time in the guard!

Response by SPC Burt Epps made May 25 at 2016 11:09 AM

2016-05-25T11:09:14-04:00

I'm going to be a little heavy handed here. You state that you don't want to lose your pay grade and your pay. How in the world could you possibly, remotely assume that you were discharged and were still getting a paycheck? No discharge paperwork? No DD214? No follow up with your leadership? Check just keeps showing up and you keep cashing it? I call "Bullshit". Sorry, I'm not sympathetic to your plight on this one.

Response by SSG Private RallyPoint Member made May 25 at 2016 11:14 AM

2016-05-25T11:14:12-04:00

Did you receive a NG 22 stating that you had been discharged?? If not then you should have known you were still in. Sorry to hear that you had a miscarriage but it happens to females on active duty also and they still show up to duty. There is no reason that you could not have been placed on light duty and still showed up for drill, unless you were hospitalized or confined to a bed by Doctors orders. Did you turn any documentation over to the unit or did you just not show up? The main thing to me is that no one is discharged from Active Duty, National Guard or Reserves without some form of paperwork. If you assumed that you were out just because someone said that than you are responsible.

Response by LTC Private RallyPoint Member made May 25 at 2016 11:47 AM

2016-05-25T11:47:18-04:00

regardless of what your readiness NCO told you, if you never received any discharge paperwork, you should have contacted him/her and found out WTF was going on. Failure in leadership on the unit's part for not keeping you informed. (PSG never contacted you to see why you weren't at drill?). But it is also partly on you for not following up in a timely manner. As far as the arrest warrant, you should be able to contact the local authorities and find out if there is indeed an outstanding warrant for you.

Response by SGT Chad Goethe made May 25 at 2016 12:04 PM

2016-05-25T12:04:37-04:00

Any specific regulations aside, you say that you don't want to lose your rank or pay. The fact that you are still receiving pay at all should have been more than enough to tell you that you are not, in fact discharged or separated from your service obligation. I'm not all that familiar with how the Guard works, but I imagine they are well within their rights to recoup every dollar you have been paid since you last showed up to drill...

Response by SSgt Private RallyPoint Member made May 25 at 2016 12:12 PM

2016-05-25T12:12:55-04:00

Lots paperwork to get out under normal circumstances, so I'm guessing getting discharges medically would be more intense, how did you not know you were not discharged?

Response by SSgt Private RallyPoint Member made May 25 at 2016 12:22 PM

2016-05-25T12:22:28-04:00

That's really crappy. Sounds like you need to talk to a lawyer.

Response by SPC Delbert Cannoy made May 25 at 2016 12:22 PM

2016-05-25T12:22:29-04:00

One thing I have learned is that no soldier fails alone. Communication is two way street. Your command should have told you when to report back and you should not have moved two states away without your discharge that is on you. However that being said....you have several options first I recommend going to the local Guard unit to see if you can be transferred to their command and to connect with a JAG representative, unless you already have a lawyer. Second you must go to drill in the other state even if it is to be arrested, so have your representation ready and if need be contact your state representative. Thirdly if you are still receiving pay- you ought to and be required to pay that back. Fourth, UCMJ is uniform across all the branches of the military. So the Joe that told you that you could not receive an article 15 or any type of punishment just screwed you. Fifth if you are hurting that bad that you can move across 12 hours away, but not attend drill, then you might need to get medically evaluated.

Response by SPC Private RallyPoint Member made May 25 at 2016 12:33 PM

2016-05-25T12:33:22-04:00

That sounds tough. What I'd recommend is calling jag or whoever NGs legal representative for advice, and showing up to drill to talk to your psg or, failing that, 1sg. Explain what you were tracking and try to get some answers from them

Response by SSG Private RallyPoint Member made May 25 at 2016 12:34 PM

2016-05-25T12:34:36-04:00

So you knowingly kept your pay..... What did you think you were being payed for? While I sympathize with your miscarriage it surely sounds like you have been gaming the system and are now worried about the consequences. Just my opinion.

Response by SPC Joshua Dawson made May 25 at 2016 12:43 PM

2016-05-25T12:43:01-04:00

Wow I had the opposite happen to me while I was on active duty. I was forced to stay an additional two years because my unit was getting ready for a deployment. My contract had actually expired before we even left and come to find out there was actually no stop loss order ever even issued so they actually could not legally retain me, the higher ranking in my unit just refused to allow me to clear and so I was effectively "stop lossed" although it was entirely illegal and I could do nothing about it.

Response by CPL Frank Hage made May 25 at 2016 12:46 PM

2016-05-25T12:46:23-04:00

That's a crappy situation to be in but I also think that you should have done a better job on your own accountability. Who just doesn't show up for a year? You have a contract to serve no matter what. You don't/can't just pick up and leave LOL.

Response by HN Gary Poore made May 25 at 2016 12:48 PM

2016-05-25T12:48:45-04:00

Are you or are you not in the military???? The National Guard is part of the military. You should KNOW the UCMJ and YOU are not any different from anyone else who goes AWOL, after 30 days you are classified as a deserter, what do you expect after a year, specialized treatment just because you are a woman. If you was in a medical crisis, it was your duty to inform your superior officers as to what was going on then they would have been able to help you but from what you have posted you did it on your own and now you face a article 15 with possible bcd, you caused this now face the music.

Response by SSgt Gary Guinn made May 25 at 2016 1:22 PM

2016-05-25T13:22:14-04:00

Specialist, I would show up for drill and go through the process. You will be able to present your side of the story and hopefully you will come out okay. That said, not receiving Discharge papers and a DD Form 214 should have thrown up a Red Flag. If they find you at fault, take your medicine and learn from it and move on. You will survive. Good Luck.

Response by SGT Randy Grimm made May 25 at 2016 1:35 PM

2016-05-25T13:35:14-04:00

I don't believe your story.

You say you didn't know you were still in and that you can't afford to lose the pay?

I know you must have been having a hard time with your medical problems but that is no excuse to shirk your responsibilities.

You sound like a dirtbag that I wouldn't want beside me in a foxhole.

Response by SGT Private RallyPoint Member made May 25 at 2016 1:44 PM

2016-05-25T13:44:39-04:00

I am sorry for your loss. If your unit had not tried to make contact with you that might be a problem within your unit. As an E4 you should know that anything that changes whether it be address change, marital status, ect.. That is on you to make contact with your unit and make sure that make the correct changes. You need to step up and take responsibility for your actions and maybe all will go in your favor. First you should make contact with your chain of command and let them know of your intentions. Second go to drill and accept what ever it is you will recieve. Third good luck.

Response by Cpl Brad MarkW made May 25 at 2016 1:52 PM

2016-05-25T13:52:34-04:00

I have been in law enforcement for over 20 years and I rarely take any statement by anyone at face value - there's always two sides to the story. So I try to look at the facts you've provided, and leave the emotions out it. The loss of a child is a tragedy, but for me, the tone of your posting says it all - for example, "and by not healing quick enough my former Readiness NCO told me that I was being discharged". I seriously doubt your healing time has anything to do with your current troubles. There's a reason they throw the book at some service members and not others. One of those reasons is to remove problem cases; healing time is not one of those. In your post, I see a little bit of sarcasm, a little bit of facetiousness all rolled into one statement that tries to convey, "It's not my fault". Your squad leader got a hold of you on Facebook? Why didn't he call, or email - my guess it's because you probably changed those, several times and didn't tell your command, and that was his/her last option. It's good you have time to check your FB profile but not call in and tell them you've moved, or update them on you're current health situation? You know, communicate?

My guess is they are processing you out because you're not serious about your reserve commitment. Sounds like you've been treating your reserve commitment rather loosely. You're a soldier when it's convenient, not when you're supposed to be. If your fellow soldiers can't rely on you to be deploy-able, operationally ready or otherwise up on your training, why do you deserve to stay in? They aren't going to arrest you; they can't arrest you. Unless of course you've done something else criminally related. A police department may have contacted your command and found out when you are supposed to come in. But the military is not going to charge you with any UCMJ offense.

Response by PO1 Felix Rivera made May 25 at 2016 2:13 PM

2016-05-25T14:13:26-04:00

I can empathize, Life happens and it must be must be dealt with. You stated that you miscarried in January and that you took leave to recuperate but you were not healing quickly enough. Did that occur in 2015? I only ask because it seems odd that your command would want to separate you so quickly unless you were refusing to report to Initial Active Duty Training. Under Army regulation 135-91, chapter 3, any member that refuses or fails to attend unit drills are not considered "unsatisfactory participation." Members who report for IADT and then go AWOL are treated the same as active duty members that go absent. This could be the reason why your new squad leader made that statement.

I don't know the exact particulars to your situation but let me ask one thing. Did you ever inform anyone of your situation in order to get additional guidance? Unless I am mistaken, it would appear that you have not reported to any drills/training in 16 months. Yes the UCMJ does not apply unless you have been called to FEDERAL active duty service.

However many states have enacted state laws which mimic the UCMJ articles for Guard members performing state service. In all cases, whether Guard or Reserve, members ordered to Extended Active Duty (EAD) -- such as for a deployment to Iraq or Afghanistan -- are subject to the UCMJ. Guard and Reserve members who refuse or fail to comply with EAD orders, or go absent while on EAD are treated the exact same way as active duty members who go AWOL.

My suggestion is speak with someone well versed in these matters and get the guidance that you need. Good Luck to you.

Response by Sgt Private RallyPoint Member made May 25 at 2016 2:23 PM

2016-05-25T14:23:22-04:00

If they claim theymre going to NJP you, they first have to read you your rights and offer legal counsel. Until then don't even worry... In the instance they do offer legal counsel then contact the JAG or whatever it is in your branch and speak to anlawyer about what you have on your side. Continue to drill, you still have a contract/obligation to fulfill regardless. If yiu do get NJP'd it is not the end of the world... Work hard for what you "want" and fight for what you "love".

Response by MSgt Private RallyPoint Member made May 25 at 2016 2:25 PM

2016-05-25T14:25:35-04:00

Is this for real?

Response by SGT Private RallyPoint Member made May 25 at 2016 2:31 PM

2016-05-25T14:31:44-04:00

You wouldn't get pay if you were out anyway. So why would that be a concern to you? Also if 30 bucks is what's hurting you, you would lose more money driving 12 hours to drill at that level

Response by SSG Private RallyPoint Member made May 25 at 2016 2:33 PM

2016-05-25T14:33:08-04:00

That is pathetic leadership coming from the platoon sergeant to the squad leader and the readiness nco. You do run a risk of being discharged. You will lose your rank. But, you can bounce back. If this is your first disciplinary issue, you may have to take the demotion. Did your unit make any other attempts to contact you for AWOL recovery? Have you received any counseling statements aside from Initial Counseling statement? If you can say NO to all of that, you have a fighting chance with suspended sentence. Thats a real long shot, but worth considering. I must agree, however, with a previous comment. You never received discharge papers, why didnt you follow up with the readiness nco?

Response by MSgt Private RallyPoint Member made May 25 at 2016 2:35 PM

2016-05-25T14:35:30-04:00

So, first off: Yes, you can receive an Art 15. Regardless of your Affiliation or status. Typically, if you do something while not in Status, that issue is not taken care of by the Military unless it spills over and it affects he unit's ability to function.
2nd, you missed the point of a conversation somewhere and you should have sought out the corrective actions for your failures to be at your appointed place at the appointed time. Yes, you failed. Your Chain-of-Command failed too, but you are one soldier amongst many. You have yourself to look after, but your supervisor has multiple people to look after.

My Airmen always informed me of issues in their personal life and I was able to help them form better informed decisions.

Not healing fast enough? What kind of reason for discharge is that? I hope you have that in writing. IF so, you may have a case that you were failed.

Response by SGT Private RallyPoint Member made May 25 at 2016 2:57 PM

2016-05-25T14:57:08-04:00

First off don't believe the crap about arrest. People just trying to scare you. The most that will be happen is a general discharge.

Also a ngb22 doesn't mean shit to any employer. They don't even know to ask for it. Especially if you have real active duty 214s

Response by PO1 Scott Cottrell made May 25 at 2016 2:58 PM

2016-05-25T14:58:27-04:00

First thing I would tell you is until you have the DD-214 (or whatever the Guard uses), you are not released from Duty. You can have discharge papers in you hands, but unless you have your DD-214, they mean nothing. The old joke when reenlisting on active duty is they hand you a Honorable discharge and you could leave without reenlisting. Well, it's not true until you have your DD-214, you are not discharged.

Response by SSG Private RallyPoint Member made May 25 at 2016 3:20 PM

2016-05-25T15:20:42-04:00

Well my experience with active duty Army is that once you return after being AWOL for more than 30 days you will be removed from the roster. Your pay should have also been stopped.

I was in a unit when a soldier was arrested and sent to us after being AWOL for over 3 years. I'm not making this shit up I promise. After all the proper paperwork was done he was sentenced to 12 months at Leavenworth, and got out in 9 months.

In my personal opinion you have made some big mistakes. The only thing you can do now is own up to them and take the punishment you have coming. Sooner rather than later.

I also personally have no sympathy for you since you did not contact your Chain of Command in an attempt to correct the mistakes you made. Obviously the miscarriage thing could have been worked out at the next drill if you had just gone to it. They could not fault you in any way for being under medical attention for something you had no control over.

You didn't use common sense once from what I read and I am shocked you have made it so far in life. Good luck with your future court martial.

Response by Cpl Mark McMiller made May 25 at 2016 3:29 PM

2016-05-25T15:29:03-04:00

I doubt there is any warrant for your arrest. When you start repeatedly being absent from National Guard unit training assemblies, they will usually just administratively reduce you in rank to E1 and then discharge you.

If you really believe the circumstances you have stated here, then you should explain that to your superiors. If they then decide to Article 15 you, you should request to speak with a military lawyer. If, in fact, you have done nothing wrong, your military lawyer may advise you that your best option is to request court-martial in lieu of Article 15, which will usually cause all charges to be dropped if you really have done nothing wrong.

But your story isn't holding water. On one hand, you state you believed you were discharged. On the other hand, you are worried about being reduced in rank and losing pay. If you really were discharged, you would not have been entitled to any pay, so why would you be worried about losing it?

Response by SGT Private RallyPoint Member made May 25 at 2016 4:27 PM

2016-05-25T16:27:53-04:00

Idk who told you that the National guard doesn't give article 15's. They were wrong

Response by SSG Private RallyPoint Member made May 25 at 2016 4:49 PM

2016-05-25T16:49:19-04:00

Just because you're in the ANG doesn't mean you can't get an Article 15. Your readiness NCO could have told you that, but if you didn't have orders discharging you from the ANG, you're still in.

Response by SPC Richard Cole made May 25 at 2016 5:18 PM

2016-05-25T17:18:49-04:00

I am sorry for your loss due to whatever see instances you were going through at the time. That being said if you didn't receive a certificate of discharge or dd214 or any other paperwork saying you were being released from duty you are AWOL. If you didn't report in and get prior approval to be absent for a drill, you knew you were wrong, and how any kind of leadership did not question this or notify you that day is not except able in any branch. I personally would take the punishment I was due but I would raise the question of where the ball was dropped by your leadership as well and if they can't answer that question then take it up the chain of command until they find the problem. A chain is only as strong as its weakest link.

Response by SSgt Jenn Fonfara made May 25 at 2016 5:23 PM

2016-05-25T17:23:07-04:00

If you never signed paperwork on getting out, this is your fault! You don't just not go to work because you had a miscarriage! You knew well before you moved two states away that you were still in the military, it was not a surprise. You knew your obligation and you chose not to fulfill it. It's not up to your supervision to call you, babysit you, or visit you to find out if you're coming to work. Your are an adult and you will be held accountable for your actions. Your are no longer a 5 year old child. It sounds like you tried to run from your own choice and obligations and now because you couldn't outrun the military, you're trying to get a "pity me" party and that's not going to work! I had reconstructive ankle surgery and had to be back to Duty in two and a half weeks! Deal with it. No one is going to hold your hand on this one. You know what you signed up for which the punishment for evading your obligations.

Response by CPT Private RallyPoint Member made May 25 at 2016 5:30 PM

2016-05-25T17:30:48-04:00

Call legal

Response by PO2 Jim Hopper made May 25 at 2016 5:35 PM

2016-05-25T17:35:45-04:00

One thing I've learned is that you are responsible for your own career not anyone else you can't rely on other people to render accurate info to you and expect it to happen "attention to detail" is what every service member is taught right? I wish you luck.

Response by MSgt Bruce Hutchinson made May 25 at 2016 5:39 PM

2016-05-25T17:39:30-04:00

Article 15's can be written on a reservist (I'm only guessing that a guardsman too) but it would be much easier for your battalion to simply discharge you. My advice if you want to continue is to contact your battalion now, and attempt to transfer to another armory.

Response by SSG Tim Coley made May 25 at 2016 5:49 PM

2016-05-25T17:49:13-04:00

I call Bullshit on this as a soldier you must take time to keep up with your own business because no one else will I delt with the same stuff these new generation of soldiers wants everyone but themselves to take care of their business you can't fix stupid so glad I retired i got so sick of getting my ass chewed on by upper leadership because of these pansy ass kids today

Response by MSG Private RallyPoint Member made May 25 at 2016 5:53 PM

2016-05-25T17:53:48-04:00

AWOL is a crime and punishment shall be administered. You know what is right and wrong. This kills me. When people go to prison for murder and then 15 years pass they think they are innocent and should be set free. LOL.

Response by SSG Erik McKinster made May 25 at 2016 6:18 PM

2016-05-25T18:18:22-04:00

a) Your drill attendance is your responsibility. When you didn't receive your discharge, you should have been asking questions. b) If you move out of state, and want to continue to serve, go to your local armory, explain to the recruiter and readiness NCO what happened, and ask to transfer. Ask them to put you in contact with your state's JAG. c) Don't talk shit about your old leadership to your new leadership. You won't have to. They'll know.

Response by Sgt Tammy Wallace made May 25 at 2016 6:23 PM

2016-05-25T18:23:23-04:00

people have been commenting on this post for almost six months now and this shitbag deserter has never once responded to anyone's replies. I hope you're breaking big rocks into little rocks and I call bullshit on this stupid ass story.

Response by LCpl Dan McTiernan made May 25 at 2016 6:28 PM

2016-05-25T18:28:37-04:00

You stated that you have been separated and moved away yet you are still receiving pay. How can you possibly believe that you were discharged if you are still cashing your check. Something is amiss with your thought processes.

Response by SFC Private RallyPoint Member made May 25 at 2016 6:28 PM

2016-05-25T18:28:51-04:00

Do as your current leadership advises you to do, and request and Inter State Transfer (IST). Ensure the new (or gaining state) has availability in your MOS. AWOL is never the answer, make contact because you signed the contract.

Response by WO1 Private RallyPoint Member made May 25 at 2016 7:03 PM

2016-05-25T19:03:28-04:00

I feel for your loss, and can understand you not caring about army or drill or anything else at the time of loss, but not showing up for drill for a year is your fault. Informing your chain of command to your situation would and maintaining communication with them would have alleviated a lot of the problem.

My question to you is; what were you doing those months between the miscarriage and to your current status? You obviously knew you had an obligation to the guard each month.

Before you moved two states, did you look for units to transfer into? Or could RST with while you were in moving status? Again, permission needed from your chain of command to RST, as I am sure your commander has a policy on RSTing. Pull out the regulations, do your research, and protect yourself.

Response by PFC Rodney Wilson made May 25 at 2016 7:06 PM

2016-05-25T19:06:22-04:00

Go to JAG

Response by SFC Christopher Dunlap made May 25 at 2016 7:20 PM

2016-05-25T19:20:17-04:00

So let me get this straight....You had a miscarriage last January? I am assuming you mean January of 2015. It does not take 17 months to get over a miscarriage. While you may still have some "emotional" issues from it, physically you could have been at Drill in February. Perhaps on a Light Duty Profile, but present none the less. Based on the information you have provided, which I seriously doubt is the entire truth or the entire story, you are 100% in the wrong. You should be held accountable for your actions or in this case inactions. If you care so much about your rank and your pay, why would you not show up to drill for the last 17 months? Why didn't you show up to the February Drill with a copy of your medical report stating you had a miscarriage and get a light duty profile until you were back at 100%? Why are you waiting this long to do something? Why did you move two states away from your duty station without notifying your chain of command? You are a E-4(P) according to your title on here. That means you have been in the National Guard long enough to know better. Where is you sense of Loyalty, Duty, Selfless Service, Honesty, Integrity, or even Personal Courage? You know the Army Values? You've been in way too long to play the dumb Private game. I have absolutely ZERO pity for you and personally hope they make an example of you. Put the "Woman Card" back in your pocket and Soldier Up!! I hope they do chapter you out for desertion and give you a less than honorable discharge. After all you have been less than honest or served honorably.

Response by SrA James Terrell made May 25 at 2016 7:26 PM

2016-05-25T19:26:52-04:00

Well you cant just walk away from any part of the military with out doing all the paperwork need to be discharged. They would give u all kinds of paperwork and all that you would be given travel pay to go to your set home where ever that maybe.

Response by MSgt Kelly Musgrave made May 25 at 2016 7:37 PM

2016-05-25T19:37:08-04:00

I will fully admit that I am not up to snuff on NG or Army regs but from what I have read the bottom line is there has been a severe lack of communication on both the sm and the unit parts. As others have said, get your paperwork together, take the bull by the horns and answer whats coming. Most importantly do not blame others, just state the facts, take responsibility for "your" actions and let the cards fall where they may. Definitely something that you can overcome and learn from.

Response by SPC Private RallyPoint Member made May 25 at 2016 7:55 PM

2016-05-25T19:55:09-04:00

I'm sorry for your loss. I was in the Army Reserve for 6 years, when I was released from my unit I was placed in the IRR. From my experience, when a unit release you, you will have orders in hand for your discharge. I hope everything works out for you.

Response by SGT Chris Owens made May 25 at 2016 8:11 PM

2016-05-25T20:11:58-04:00

how are you "unknowingly" AWOL.....if you dont show up or call in ....you are AWOL....every soldier knows this

Response by SSG Alexander Rock made May 25 at 2016 8:40 PM

2016-05-25T20:40:44-04:00

Easy answer here is go to JAG and seek guidance and lawyer up.

As an NCO your leadership should be all relived of command for basically losing a soldier. We are responsible for knowing where our soldiers are and how they are doing.

Now you need to take a look in the mirror and get your shit together! Your a solider and you need to act as such things happen, but you have a responsibility and you need to put that first.

Response by SFC Private RallyPoint Member made May 25 at 2016 8:40 PM

2016-05-25T20:40:50-04:00

I know of at least one guard member who separated, then joined the guard in a different state, only to have the old unit contact them to say they never separated. During final formation of their last drill it was even stated that it was their last drill. They even out processed and had their separation papers. Sometimes people get all human and don't follow through on paperwork. If you're a young SM you have no idea of the process when the Readiness NCO tells you you're being discharged, you believe what they say. If the SM was getting paid then that should've let them know that they hadn't been put out. If when she was contacted in December she started going back to drill then she should be paid. If she made SPC before the miscarriage and she's going to start back going to drill now, that explains her weariness of loss of rank which would be a pay cut. Nothing she said states she had been paid for the year she thought she was out, that's you people putting your own spin on the story. Either way she should attend drill, but before going contact a defense attorney out of the State JAGS office and find out her rights and what to expect.

Response by SrA Private RallyPoint Member made May 25 at 2016 8:53 PM

2016-05-25T20:53:09-04:00

Anyone can get an article 15, it's a nonjugicial punishment; basically it's the nicest punishment besides a control roster or uif. Basically the commander gives u this when he doesn't want u to face court martial and jail time; I would talk to ur jag and consider ur options

Response by CMSgt Private RallyPoint Member made May 25 at 2016 9:04 PM

2016-05-25T21:04:06-04:00

Yes you could receive a 15 for no participation, failure to report, not communicating with your unit etc... no you cannot be charged with AWOL as a traditional guardsman non on federal orders, state orders, AGR, or mobilized. For better answers about the rest of it I suggest you heed 1SG ' s post on this thread....good luck trooper. (And no I'd bet my CMSgt Drill pay that there is no "warrant" out.)

Response by 1SG Peter Hansen made May 25 at 2016 9:11 PM

2016-05-25T21:11:03-04:00

This all sounds like a cart of crap first of all no warrant after you are awol and discharched all they wont you to do is turn in your equipment no one gives a shit about you they just wont you off the unit roster

Response by SPC Private RallyPoint Member made May 25 at 2016 9:30 PM

2016-05-25T21:30:22-04:00

This is now the standard for sham shields everywhere.

Response by LTC Private RallyPoint Member made May 25 at 2016 9:33 PM

2016-05-25T21:33:27-04:00

Go to battle assembly. You will not be arrested.

Response by SrA Private RallyPoint Member made May 25 at 2016 9:46 PM

2016-05-25T21:46:14-04:00

How can you not know that you're still in the military? If you haven't out processed and signed discharge papers, why would you think you're discharged?

Response by LTC Private RallyPoint Member made May 25 at 2016 10:07 PM

2016-05-25T22:07:25-04:00

Missing battle assembly is not the same as being AWOL and you are not going to get court martialed for this. It is impossible for you to be AWOL when you are not on active duty. It would be very expensive to court martial you for missing battle assembly because an Article 32 investigation and hearing must take place first. This would be very expensive, because a field grade officer will have to be put on orders to do this. Finally, the court martial itself would be expensive. A summary court martial would require another field grade officer to come on orders, not to mention a full blown jury for a general court martial. You would also be entitled to a defense and put on active duty. Again.....very expensive, unnecessary and not going to happen. You are not going to be put in jail for failing to attend battle assembly either. Again, this would have to be related to a court martial hearing....all very expensive and illegal, unless there is another case the government has against you for a different chapter in your life. Missing battle assembly is not illegal per se, but sanctions can be held against you such as reduction in rank, loss of position in the unit, bar to re-enlistment, and change in the character of your discharge. You need to return to your unit as quickly as you can and make amends. If it is time for you to leave the National Guard, do everything you can to get out with an honorable discharge, even if you are reduced in rank. Honestly, once a commander's inquiry into the matter is completed, it might be found that you can rehabilitate and continue to serve. If I were your commander, this would be my first interest.

Response by SSG Trevor S. made May 25 at 2016 10:08 PM

2016-05-25T22:08:22-04:00

First, let me express condolences for the loss of your child.
Now lets get to the meat of your current problem.

You expressed that you don't want to loose pay or rank. You infer that you were receiving pay while not reporting for drill, for over a year. Yet, you also infer that you thought you were discharged.
Did you receive discharge paperwork? ie... DD-214
Did you receive a check for drill after you thought you were discharged?
Did you not think that it was odd to receive pay for a year after being discharged?

These are overwhelming quandary questions you will have to answer satisfactorily if you want to prove a case that you should not receive punishment for being absent from your appointed place of duty.

Contact your unit's JAG to help understand your situation, start a good faith effort to remedy it, and also attempt to formulate answers to those burning questions.

Response by SPC Gene Claywell made May 25 at 2016 10:11 PM

2016-05-25T22:11:17-04:00

so you don't want to lose your pay? Were you getting a check each month? If you were I have no sympathy for you!

Response by Sgt Robert Puckett made May 25 at 2016 10:47 PM

2016-05-25T22:47:12-04:00

I don't get it--you thought you were discharged a year ago; however, you said that you don't want to get discharged because you worked hard for E-4 and don't want to lose your pay? If you "thought" you were discharged, why would you still be getting pay anyway? If you were knowingly getting paid, then one could easily assume that you knew you were still in the National Guard. Doesn't sound like bad leadership to me...sounds like someone just stopped showing up.

Response by SPC Mark Wisseman made May 25 at 2016 10:51 PM

2016-05-25T22:51:37-04:00

Go see your state AG. They can help more that anyone. You will also need you a legal rep.

Response by SFC W Earl Stone made May 25 at 2016 11:03 PM

2016-05-25T23:03:18-04:00

Contact your nearest JAG office from any base near you and explain your situation and they should give you proper guidance. Ensure you let them know what state your unit is based at. Good luck.

Response by SPC Kenneth Meredith made May 25 at 2016 11:09 PM

2016-05-25T23:09:55-04:00

I just have to say that this does not make sense. First, I will assume that medical documents were not produced to authorize three months (Drills) of medical leave. I believe the no contact started in January and this was the result of both the WORD of discharge and the article 15 (and yes you can get one for willful absence). It seems to me that the decision was to just not go back and no follow up was done. Without a MEB or NGB22 you are not out. I think you know that. Supposedly being a E-4 and promotable at that, I assume you had to board for your promotable status to a leadership NCO position. I find it hard to believe that you don't know how it all works. Two other things that bother me about your statement 1. "I waited a long time to get E4" WAITED? I had to work for mine and I also had to learn to be worthy of the rank. I boarded for "P" status twice. One for one MOS and giving it up to reclass to another MOS in which I boarded again. 2. You made it sound as if you still got paid. You don't get paid if you don't show up. If by some chance you did then you will probably be paying all that back when you are tried and convicted of being AWOL.
Bottom line is this, We all have unfortunate life events. You had one, but in my opinion it does not relieve you of your commitment of duty and the responsibility to have due diligence of handling your military obligations and affairs. Therefore, in my opinion, I find you negligent and willful in your absence of duty. I say face the repercussions of your decisive action and move on. With the information provided I feel you have no case regardless or what command "said" did or didn't do. It sounds to me you like you were willful absent from place of duty without leave or authorization. Your case of "I didn't know" will not hold up SPC (P)

Response by CPL James Miller made May 25 at 2016 11:23 PM

2016-05-25T23:23:21-04:00

You cannot be this dumb!!!

Response by SSG Daniel Evans made May 25 at 2016 11:53 PM

2016-05-25T23:53:22-04:00

Go straight to your Senator don't pass go don't do anything else go straight to the TOP and raise hell. Your leadership screwed you not the first time nore will be the last. Im sure some on here will advise you to use your "chain of command" but they forgot about you a long long time ago.

Response by SSG Jeffrey Monk made May 26 at 2016 12:10 AM

2016-05-26T00:10:04-04:00

You went through the same JAG Brief as I did. Doesn't mater if your Active Duty, National Guard or Reserves. That's why we all go to the same Basic Training, AIT's and Military Schools. You call yourself an E4 so you already know the answer. You are AWOL. You know you need to report to someone higher up in your Chain Of Command. An Article 15 right now should be the least of your worries. Am I being harsh? No I'm an Infantry NCO telling you that you know what needs to be done. Your NCO's who screwed up will have to face their own shit sandwich as it rolls down hill. But they didn't start this, you did. Every 1SG has an open door policy an again this is something you have been taught from the beginning.

Response by SPC Dennis Manning made May 26 at 2016 12:12 AM

2016-05-26T00:12:28-04:00

Response by CPT Morris Carter made May 26 at 2016 12:21 AM

2016-05-26T00:21:55-04:00

I don't know about the Art 15 part of your question. Having spent some time as a Co Commander in the National Guard in Arizona, go to the National Guard in the state where you live and request a transfer to their unit and the full time NCO can make most of your problems go away or give you current advise. I retired in 1988 with 26 years in National Guard, Army Reserves, and regular Army and am not up to date on any new regulations that might be out there.

Response by SSG Brian Lovins made May 26 at 2016 12:27 AM

2016-05-26T00:27:16-04:00

This post is 5 months old but I got drawn into the comments and mainly the misinformation, read the comments, most of these Senior NCO's that ARE National Guard or Reserve know what they are talking about, those that have NEVER been in the Guard or Reserve have no clue what your talking about and its painfully obvious you're giving bad information. YES she should have followed the procedures for moving but YES she can move and yes she can do it without asking for permission, we are not "stationed" in the traditional active duty sense. YES she should have remained in contact with her unit but in the GUARD the NCO's are responsible for contacting their Soldiers. I have seen it many time were a Readiness NCO tells a soldier for whatever reason they are being discharged and turn in their gear and don't come back (sometimes administratively, Hardship, others for coming up hot on a UA) and then 12 months later they are still on our books (yea the drug addicts still sit there also), then there is a leadership change somewhere and then questions start getting asked and as a squad leader my response is we have been asking for 12 month why they are still on the books because as far as we know they were discharged, then the PSG says the same thing and it is back to the AGR's who usually pass it up to battalion dropping the ball, etc etc. Then next month they are still on the books and no one asks anymore questions because its done and over with. It isn't right but her situation is not as uncommon as you may think. Hell one of my friends retired as an E-5 and it took the unit 2 years to get him off the books and 3 before he received any documentation. I am not justifying her actions but her "story" is very plausible from my experience in 3 different states and 5 different NG units, and 1 reserve unit.

Response by SFC Robert Luscomb made May 26 at 2016 12:55 AM

2016-05-26T00:55:32-04:00

As an NCO it really does not matter if you are RA or NG, you still fall under the guidelines of the UCMJ and it is your responsibility especially as a JRNCO to ensure you are exempt from duty, regardless of the situation. All it takes is a phone call. I would recommend seeking advice from your closest JAG Office. Good luck

Response by SSG Brian MacBain made May 26 at 2016 12:56 AM

2016-05-26T00:56:33-04:00

SPC Gasho, if you did not receive your discharge papers (DD form 214 I believe) you did not get discharged. It is your responsibility to get the discharge papers. As for the PSG, maybe he/she did not know. As 1SG Jerry Healy stated, sounds like crummy leadership. However, since you now know you are still on the roster, my advise to you is to get in contact with your PSG and report in ASAP with your unit. Also, you need to step up, grow up and take responsibility and report to your local PD and tell them there is a warrant for your arrest. I would do this after you get in contact with your unit and get this matter solve. This will show that you have taken responsibility and want to get it fixed. That way would be better then a knock on the door. I believe it is 50% the unit fault and 50% yours.
It really sounds like your unit leadership is piss poor. Also wanted to say that sorry for your miscarriage. Last thing, get a good lawyer.
After reading some comments, why are you getting paid when you have NOT shown up for drills? You can bet that you are probably not promotable anymore, so you might want to remove that (P). Also, might want to change the SPC to PV2. You are scared because you got caught and want us to feel sorry for you. Not going to happen.

Response by PO3 Jonas M. made May 26 at 2016 1:05 AM

2016-05-26T01:05:30-04:00

My suggestion is to go and face the music. A soldier takes responsibility for their actions, is mature and honest about it.

Things will only get worse by hiding from them.

Contact JAG / Legal and talk to them, before going. Let them know what happened and find out the best way to move forward. That is what they are there for.

My own two cents of advice. Don't ever expect a platoon leader to reach out to you. Always communicate with them and be proactive. Call them on a regular basis and keep them advised. If you can't get a hold of them, go one step up and communicate with them.

Good luck to you.

Response by SSgt Christophe Murphy made May 26 at 2016 1:16 AM

2016-05-26T01:16:45-04:00

Unless you have your Dd214 in hand you are still on the books. Bottom line. Go directly to legal and speak to them. Talking on here won't do you much good other than hear people say you were naive.

Response by LT James Fox made May 26 at 2016 1:51 AM

2016-05-26T01:51:02-04:00

First off, sorry for your loss and the troubles you went through. I know it is not easy. My wife dealt with that a long time ago.
As a unit CO and XO, even though it was in the Navy Reserves, I can see both sides. First, the NCO was in the wrong stating you were going to be discharged. In the Navy that is not left up to our NCO's to tell a sailor that. There is a complete process for discharge, and usually it is to the IRR if you are still obligated, and it just doesn't happen that fast and without the proper authority approving it. Second, where was the leadership in the unit when she didn't show up for the next drill? When I had sailors that didn't show up I didn't have to get involved at the beginning. I had E5's through E7's calling to find out where this person was. If needed I would approve to have someone go out to there home if they lived close enough. We also have your responsibility. Now, I am not sure how long you have been in, but in "most" cases military members know what procedures are. And, if you NCO told you something you felt was not right, you have the right to to verify that information. Maybe the NCO didn't want you in the unit and said that just so you would not come to drill then place the blame on you.
I am sure you can come up with all sorts of scenarios for this. If it was my unit, I would get that sailor back, have a good talking to them and find out what they intend to do in the future, stay or get out. If they choose to stay I would see what I could do to get UA's removed, modified or whatever so they would not adversely effect the record. I would not do an article 15. I would place an administrative remark (we call a page 13) in their local record. Then if they decide to not show up again, they would be history.
I know at times the Army can be tougher on stuff like this. Hopefully there is enough leniency and you can stay in and keep your E4. May take some time to pick up E5 though. Good luck and yes, if needed, contact a JAG.

Response by LCpl Private RallyPoint Member made May 26 at 2016 4:05 AM

2016-05-26T04:05:46-04:00

Well. In life sometimes you just have to face the music. I would go to drill and listen carefully to what charges are presented to you and request a court martial and hire a personal lawyer if it's a serious case. Or if they offer to keep it in house, like an njp, (office hours? Not sure what your term is,) then simply take the reduction.

Response by SGT David Petree made May 26 at 2016 4:22 AM

2016-05-26T04:22:25-04:00

contact your unite ! get the low down from the full NCO, 1st Sgt, & or the Co. And by all means DON`T miss Drill. Get a statement from your Doctor . about your conduction. Also see about a trans fur to a Unite near where u live now.

Response by SPC(P) Delcina Myers made May 26 at 2016 5:26 AM

2016-05-26T05:26:16-04:00

Ok... I've only read over about 20 responses... to clear the air, in April I was told I was being discharged... since when is it my responsibility to tell them that I had moved when I wasn't "enlisted", or so I thought?

It took me a long time to get e4 because of my prior unit, all e4 slots were full.

And lastly, sergeants, ladies and gentlemen, if you have any questions, message me directly. Please don't post on here asking questions about me like I am not. It's actually rude. Thank you.

Oh, lastly, I am still in my unit, working on an IST. I am still a specialist, and all my debts were paid in January. Thank you all for your concerns.

Response by SSG David Kaelin made May 26 at 2016 6:50 AM

2016-05-26T06:50:18-04:00

Does she have the "discharge" in writing?

If not, can she obtain it.

Does she have anything in writing?

Response by SN Terry Poynter made May 26 at 2016 7:26 AM

2016-05-26T07:26:18-04:00

To answer, Yes You can. Will you be convicted? Unknown.

Response by PO2 Amanda Morgan made May 26 at 2016 7:40 AM

2016-05-26T07:40:34-04:00

Time to be a big girl and show up... You're only making it worse by waiting it out and now since you know you are AWOL it will most defeniatly be used against you... If you get arrested fight it in court because social media posts winning sympathy will not help...
I'm really not trying to be mean just trying to be honest

Response by MSgt Eric Roseberry made May 26 at 2016 8:00 AM

2016-05-26T08:00:26-04:00

Yes you can. Court Martial is also possible. Desertion, conduct unbecoming... I'm sure a reasonable JAG could find a few more sections in the U C M J to chat about. The good news is I don't think the guard issues arrest warrants.

Response by SGT Chad Martel made May 26 at 2016 8:02 AM

2016-05-26T08:02:15-04:00

Looks like even though you were not going to drill you were still collecting a monthly salary from the NG? If so, why didnt you contact your unit and let them know? If you in fact were receiving drill pay but not going to drills, you should be paying them back. also, when you moved, i was your responsibility to inform your chain of command. My heart goes out to you for miscarriage, but you still should have alerted your unit of your changes and the fact that you were still receiving pay.

Response by SGT Private RallyPoint Member made May 26 at 2016 8:27 AM

2016-05-26T08:27:54-04:00

So many discrepancies here.
Thought you were already discharged and moved two states away, but don't want to be discharged. Dont want to lose your pay but if you don't drill you don't get paid anyway.
You're an E4, if it took you a long time to get to E4, you likely weren't an E4 hot out of BCT and should know that to be excused from drill you HAVE to have a medical readiness NCO or officer's endorsement as well as documentation from your state. You don't just get excused from drill by word of mouth, you check in by phone or show up, get put on quarters and sent home or to barracks. I only know these things because I had surgery from an LOD injury. My convalescent leave and profile was well documented. I received letters from the state and had to submit medical documents of my recovery every few months.
Excuse me for saying, seems as though things are missing here.

Response by SFC Private RallyPoint Member made May 26 at 2016 9:42 AM

2016-05-26T09:42:55-04:00

SPC Gasho you can email me at [login to see] what you need to send me in the email is where you moved from and where you live now. I am an Army Reserve Career Counselor or ARCC. There are a few things that can be done hopefully this has been resolved if it has not then my Career Field can assist in getting this resolved.

Response by SGT Private RallyPoint Member made May 26 at 2016 10:29 AM

2016-05-26T10:29:15-04:00

So you were still getting paid and didn't know you were still in the guard?

Response by PFC John Villarreal made May 26 at 2016 10:31 AM

2016-05-26T10:31:33-04:00

First and foremost, I offer my condolences on your loss. Now..... You messed up. E4, you know the rules. You know there are consequences for your actions or lack of actions in this case. You can and should face disciplinary actions under the UCMJ. I wish you luck.

Response by SSG Kenneth Lafnear made May 26 at 2016 11:11 AM

2016-05-26T11:11:49-04:00

How does someone not know they were AWOL for a year. I blame everyone in this case for the Soldier thru the Chain of Command

Response by PFC Private RallyPoint Member made May 26 at 2016 11:22 AM

2016-05-26T11:22:26-04:00

*tactical facepalm*
Well first you need to fill out form 1 Delta 10 Tango.

Response by PO3 Austin McKay made May 26 at 2016 11:38 AM

2016-05-26T11:38:11-04:00

seek legal counsel

Response by CPT Private RallyPoint Member made May 26 at 2016 11:39 AM

2016-05-26T11:39:05-04:00

I am reserve administrator on the civilian side and see this all the time. Shoot me a message and I will point you in the right direction

Response by SGT Erik Rothering made May 26 at 2016 11:43 AM

2016-05-26T11:43:55-04:00

If you thought you were out of the National Guard. Why you talking about you don't want to loose E4 and you worked hard getting it. So somewhere in your story your lying because if you haven't went to drill you wouldn't get paid. And you wouldn't of gotten promoted. Also you said your struggling. Your story don't add up.

Response by MAJ Private RallyPoint Member made May 26 at 2016 12:03 PM

2016-05-26T12:03:23-04:00

Are you serious??

Response by SrA Steve Susumu Monas made May 26 at 2016 12:05 PM

2016-05-26T12:05:16-04:00

So sorry Spc Gasho, you chain of command is to blame. Yes AWOL is serious as is the Articles that follow. But the link in the chain is bloken. I would go you need to skip you link (platoon sgt) go to the next in command.. Explain your story. Or go to your First Shirt. Last is going to your Commander if and only if every link is broken. Your Platoon Sgt. Is in violation of a army regulation I am sure. You cannot use FB to send transmit or disclose personal Official Government Information. I don't care if its a Black ops. thing or if it's a minor things like hey you forgot a ribbon on you uniform at the last formal Military Assembly. If it's personal then it should not be talked about in public. There are ways it is supposed to be done. But is you follow the chain as long as it's not broken you will get your answer. Stay strong. I am so sorry for your lose.

Response by Sgt Mark Freeman made May 26 at 2016 12:16 PM

2016-05-26T12:16:44-04:00

Make sure you have all of your paper work ready. You are the one who is responsible under the UCMJ to make sure that you have your discharge papers (resulting from your out processing). IF you are prosecuted, you need those papers in case your command says that you had no legal basis for believing you had been discharged. "But SSGT said so" usually does not fly because they will deny it. The military has a very formal processes in which the discharged service member is heavily involved, including receiving your DD214 and turning in your military ID as your final discharge step. This is something they would have taught you in recruit training. If you did not go through this formal process, you have no reason to believe you have been discharged.

Response by Cpl Travis Senne made May 26 at 2016 12:20 PM

2016-05-26T12:20:49-04:00

Ha Ha, your in the Army, you know your contract. The command should bust you, shit bird women think her problem big then the National Guard . the military don't ask you to move. E4 don't under stand, E1 will under stand.

Response by SFC Dean Wyman made May 26 at 2016 12:29 PM

2016-05-26T12:29:59-04:00

You are a complete idiot and you should be arrested, courts martialed and jailed for fraudulent acceptance of undeserved pay and benefits.
You need to stop polluting the gene pool.

Response by SGT Ben Bearden made May 26 at 2016 12:46 PM

2016-05-26T12:46:33-04:00

I am sorry to hear about your loss. In respect to your incident, when I first read it my first reaction was to write a scathing summery on the shenanigans, both yours and your units. That I think would be unnecessary and maybe I can impart some knowledge.

I realized that not all of the information is presented to form a legitimate appraisal of the situation. First, let me state that I know nothing about the national guard or reserve. I was never in either an will not profess to have a profound knowledge of their inner workings.

If there is no contact for a year, what is the normal contact period? How far apart are your accountability periods? Are you expected to check in with your unit periodically and when? if you move, I would think that it would be your responsibility to inform your unit. either there is a severe lack of communication or there is information intentionally or unintentionally being left out. you do not need to answer or respond to any of these questions publically, they are for you to answer yourself.

As far as a warrant for your arrest, call the local (where the warrant was issued) police or sheriff's department and ask them if there is a warrant for your arrest. It will give you peace of mind one way or the other. Otherwise it will hang over your head like the sword of Damocles, which, I suspect is the intent.

Response by PO3 Heather Hensley made May 26 at 2016 12:51 PM

2016-05-26T12:51:06-04:00

With everything said, you knew in Dec that they were looking for you. It is May, almost June. What have you been waiting for? Things are not going to get Better.

Response by PFC Dalton Rupert made May 26 at 2016 12:53 PM

2016-05-26T12:53:08-04:00

If you have not received any official notification about the charges I would continue to do the right thing and still show up to drill and to still keep your first line notified.

Response by SFC Private RallyPoint Member made May 26 at 2016 1:10 PM

2016-05-26T13:10:09-04:00

I don't know who told you that UCMJ action cannot be taken on part-time soldiers. Technically you have to be on active status..meaning drill weekend or being on orders etc. As soon as you show up they can write you up. I am not trying to be mean the truth is you are responsible for knowing what status you are on. A good leadership would have called and tried to see what was going on but that isn't always the case so its up to you. If you plan on being a NCO you have to take responsibility. I say just deal with the situation and let it get behind you. I have been in for almost 23 years and believe me I have had my problems but as long as you learn from it you will be alright.

Response by Cpl William Finch made May 26 at 2016 1:13 PM

2016-05-26T13:13:03-04:00

An Army of One... SMH

Response by PO3 Steven Muirhead made May 26 at 2016 1:26 PM

2016-05-26T13:26:07-04:00

If you were still getting paid, you were obviously not discharged and still in the service.

Response by SGM John Moore made May 26 at 2016 1:33 PM

2016-05-26T13:33:07-04:00

This is an example of poor leadership, just because a Soldier is a Soldier, they do not know everything. The Command Group is responsible for this mishap and this Soldier needs a lawyer.

Response by CPL Private RallyPoint Member made May 26 at 2016 1:46 PM

2016-05-26T13:46:01-04:00

Contact your states Trial Defense Service. There are steps the chain of command must prove they followed for a discharge, Article 15 etc.

Response by MSgt Chris Chambre made May 26 at 2016 2:32 PM

2016-05-26T14:32:33-04:00

You dont receive an article 15, you accept non judicial punishment in lieu of trial.

Response by SGT Samuel Hillenburg made May 26 at 2016 3:22 PM

2016-05-26T15:22:00-04:00

It appears some critical details have been left out here. Your post seems to indicate that you have continued to draw drill pay despite not performing drill with your home unit. I've known units to allow individuals to perform drill with other units while away at college, etc but never for a year or longer. To quote Burt Gummer, "I FEEL I HAVE BEEN DENIED CRITICAL NEED TO KNOW INFORMATION!"

Response by SSG Jeff Carlisle-Tierno made May 26 at 2016 3:24 PM

2016-05-26T15:24:08-04:00

If you stop showing up to UTAs, you're not going to be arrested. You'd have to be activated and miss movement. See if there's a unit in your state which can host you as a hospitality for your unit. Or, blow them off. Personally, I'd rather eat an OTH than take my chances with a unit that dicked up.

Response by SSG Jason Gurganus made May 26 at 2016 3:45 PM

2016-05-26T15:45:22-04:00

I believe this is a bunch of malarkey! I'm sorry for your loss, and as a NG soldier... You can receive UCMJ actions, if there was no repercussions for people's actions then no one would do anything. Now you should have put in a request to change to a new state, which would have been a new unit, atleast in the state your in.... That would have been the logical thing to do, and your squad leader getting ahold of you via Favebook is bullshit, you know to update your info, and you could have told them what was happening, I'm just not sympathetic to this because the way you said it just seems like laziness on all parts

Response by MSG Private RallyPoint Member made May 26 at 2016 4:03 PM

2016-05-26T16:03:53-04:00

SPC(P) Delcina Myers , I am curious about a status update. In this threat you posted, there have been some sound advice and some serious shaking of the heads. Has your situation improved any?

Response by SGT Callen Pool made May 26 at 2016 4:55 PM

2016-05-26T16:55:47-04:00

Just go and see how things go. They can't all be mindless monsters looking to kick everyone out. Someone will sympathize. If not fight the ucmj in court

Response by SGT Callen Pool made May 26 at 2016 5:06 PM

2016-05-26T17:06:11-04:00

To add onto my last comment though someone may have sympathy there is no way would could have been awol without knowing. Your story doesn't add up sorry.

Response by SGT Kevin Newman made May 26 at 2016 5:12 PM

2016-05-26T17:12:15-04:00

I really believe this communication breakdown can be blamed on both you, and your unit. I would think that the unit would have sent you (via certified receipt) a letter informing you of your status, and the ramifications of failing to report. As for the soldier, if they were still a part of the unit, at the time of the medical incident, why would they not be a part of the unit after the incident? Follow-up is the key here.

Response by COL Private RallyPoint Member made May 26 at 2016 5:40 PM

2016-05-26T17:40:20-04:00

Sorry to hear about your loss .

1SG Healy described my sentiments. With that said, if you are a drilling NG person, you are not subject to Article 15 unless you received Title 10 orders and did not show up for the mission. However, if you never got the orders, or the unit did not send them with return receipt, you may have a defensible argument to avoid an article 15. I emphasize the word "may" because you "may not". As warrants for being non participant, I never heard of it, unless you had gone AWOL during active duty. However, I recall during my days as CPT and MAJ, that I went with the First Sergeant/NCOICs to the homes of some of the 'no-shows' or I would send one of my soldiers who worked for the local police to serve the no-shows the love letter to come back to the unit or resign.

Given that it appears that your chain of command may have failed to follow up with you during every Battle assembly, you also bear the responsibility of being a soldier by showing up to duty. Even if you don't get a call from your NCO, you have the duty to tell your unit about your relocations and your hardships to merit an excused absence. If you don't tell the unit, how do you expect the chain of command to know that you moved to another state?

I am surprised that your NG state already has not discharged you for being a program non-participant. If you did not call to get an excused absence, the unit can separate you from service administratively and you get a discharge categorized as "under other than honorable". In addition to a separation, you may required to pay back a portion of any bonuses you received upon enlistment, depending on how much time you had left on your contract.

Your options... start showing up to drill, and seek a transfer to a unit closer to your new home (you will not be arrested, unless you did something to deserve that, and didn't bother to disclose it above). Talk to a retention NCO to figure out your options to move another NG unit in another state. As you get a 'fresh start' with another unit, make yourself accountable, even when your superiors don't seem to care. Perhaps you are smart enough to replace them in the future.

Response by CPT Ray Doeksen made May 26 at 2016 5:41 PM

2016-05-26T17:41:47-04:00

How many people had to screw up, blow it off, look the other way, or screw off and not do their jobs before a fresh new squad leader thinks to get on the internet and track her down ... which probably took them five minutes? The bigger issue to me, here, is what kind of negligence, waste, fraud and abuse might be going down at the unit and state level that would allow this kind of thing to happen without it becoming someone's problem to fix? I would want to know how she was coded for each and every UTA and AT period between her last appearance at the old unit and when her IST went through. I would want to know how every leader responsible for her got their roster, how they record and report attendance, and start checking that unit's strength reporting and coding going back as far as you need to to find good work being done.

Response by SrA Christina Russell made May 26 at 2016 5:42 PM

2016-05-26T17:42:31-04:00

when it comes to something like this it is better to just go to the source instead of relying on what anyone is telling you. as a military member you are subject to the UCMJ period. I would go and face the music, it only gets worse the longer you wait

Response by SSgt Private RallyPoint Member made May 26 at 2016 5:44 PM

2016-05-26T17:44:42-04:00

Where you still getting a paycheck? Did you still have some form of Tricare insurance?

Yes the leadership should have kept in touch and made sure everything was ok, but come on. Personal responsibility here. You had to have changed your phone number or they would have just called you. You moved two states away. Why? Sounds like someone running and dodging the system.

I would love to have sympathy but I can't. There are just way to many holes in the story.

SSgt Dave.

Response by Cpl Edward Prislac made May 26 at 2016 5:48 PM

2016-05-26T17:48:52-04:00

It's probably not a setup to arrest you. I was in a similar situation, where I thought I was being discharged and did not show up to drill for a year, only to be told a year later that I was still on the roster, and if I did not show up, I would have a warrant issued for my arrest. I contacted the higher-ups and got some clarification, let them know I was willing to work with them, and ended up serving out the rest of my enlistment, without even getting any time tacked on to make up for the drills I missed. As long as you cooperate, it's much easier on everyone to let you serve out your enlistment, rather than go to the trouble of an article 15.

Response by CPT Private RallyPoint Member made May 26 at 2016 6:06 PM

2016-05-26T18:06:23-04:00

1. You're an idiot for not keeping in contact.

2. That being said, in order for the Reserves to discharge you they need to have sent you a certified letter after your 6th MUTA in order o consider discharging you under a general discharge. Also they should have sent Soldiers to your home during a drill weekend to find out your status, if these actions have not occurred then you have enough to contest a separation.

3. How would you be receiving a paycheck if you aren't able to sign in during drill periods. If so, you have defrauded the government and may have legal issues because of this.

4. If you have been gone so long and are able to return to a drilling status, don't expect to get paid for a couple months as SGLI debt has been accruing for an entire year.

5. Stop making excuses, you are a Soldier. The military for all intents is a totalitarian entity and you will have to make restitution for your offenses. There is no way out of it. If you try running it will only make it worse.

Response by PO1 Jack Howell made May 26 at 2016 6:27 PM

2016-05-26T18:27:12-04:00

Two things. First, your command, regardless of the situation. There are certain ways that people should be treated. They should be communicating with you often to let you know if there are any kind of changes. Second, despite this, you still have an obligation to make your unit aware of any changes to your living arrangements and where you moved to. Unfortunately, despite what your unit did, you still deserve to be punished. If you are UA (Article 86 of the UCMJ) for greater than 30 days, then you can be declared a deserter.

Response by SFC Private RallyPoint Member made May 26 at 2016 6:30 PM

2016-05-26T18:30:47-04:00

As an active duty Sergeant that has never been in the Guard or Reserve component, this is a little bit tricky to me as I am not familiar with all of the correspondence in reference to your component.

What I can tell you is as an active duty Soldier, in order to be discharged you must receive an order of discharge (usually accompanied with a certificate) and a DD form 214. I'm sure that your component has a similar source document that was to be given to you as well prior to your separation. If you did not receive some sort of paperwork to place you in separation status, then as a SPC you should have done a better job of clarifying your situation to avoid further issues.

As a human being, I am very sorry for your loss. My wife and I experienced the same heartbreak before and it is a very difficult thing to deal with. As a Sergeant, I have to be honest with you and say that you should have done a much better job of knowing definitively that you were or were not still under contract. There is also a share of the responsibility on your unit because someone should've known immediately after your prescribed time away had expired and made a conscious attempt to learn of your whereabouts. The other thing that is puzzling to me is that your leadership should have stayed in touch with you to periodically check to see if you needed anything while you were away.

It is definitely a messy situation and I hope that it is resolved in a manner that not only is fair to you, but also prevents this from happening with other Soldiers in the future.

Response by SPC Angel Arce made May 26 at 2016 7:26 PM

2016-05-26T19:26:37-04:00

When I joined the Army back in 1990 - I was told unless you see a decision in Black and White (meaning...on paper, such as a DD 214) then it doesn't exist. Just because someone told you that you were no longer in the Army, without giving you any paperwork to prove it - I don't know, just doesn't seem too bright. I'm kind of surprised no one has showed up at your doorstep to arrest you. I think at this point you are making the right move by showing up to the drill. Becoming arrested is the least of your worries. Being able to stay in the National Guard and not lose your current rank is what I would focus on. If anything, maybe contact JAG before showing up to that drill?

Response by SSG Private RallyPoint Member made May 26 at 2016 7:47 PM

2016-05-26T19:47:58-04:00

1. Let's Talk about pay. If they have paid you then you can not be considered awol since the only way to pay someone for drill is to certify performance and attendance.

2. You can most assuredly get an article 15 in the national guard. You fall under your specific state's code of military justice.

3. I can't believe that you never knew. Or didn't realize. Or any other way you want to say that you didn't realize you were AWOL. I'm calling BS. Chances are you ignored multiple phone calls, emails, and certified letters sent to your house. If you changed your address and didn't check messages that's on you. It's not your chain of command's responsibility to find you via Facebook or other social media.

Go to drill. Take your lumps. Get your article 15 and move on with your life. Either request an interstate transfer or a discharge for hardship.

Response by SSG Eric Halsey made May 26 at 2016 7:51 PM

2016-05-26T19:51:46-04:00

You need to speek with a JAG person

Response by SPC Private RallyPoint Member made May 26 at 2016 8:18 PM

2016-05-26T20:18:50-04:00

Yes you can and for evertime you missed movement and for being late if they want .

Response by SPC Scott Weber made May 26 at 2016 8:38 PM

2016-05-26T20:38:21-04:00

Number 1 Article 15 can be give to an NG member for being AWOL that is a positive answer. If you recived and signed your article 15 then you knew of the contract you signed for disciplinary action. As for being discharged from NG you must sign the papers to finish your enlistment. At that time you would receive you out papers.
Warrant for arrest could be posible if you have not gone to your assigned duty station after 3 months (but the time is up to commander at battalion level. )

This is going to be a he said she said thing unless you have written statement from your readiness NCO.

Good luck. Also sorry for your loss.

Response by GySgt Joe Ehart made May 26 at 2016 8:49 PM

2016-05-26T20:49:26-04:00

Just one more example of why I'm so glad I didn't join the Nasty Guard. It's neither fish nor fowl and about as clear as mud.

Response by SSG David Pond made May 26 at 2016 9:00 PM

2016-05-26T21:00:52-04:00

So you thought you were discharged, but you say you don't want to lose your drill pay. You could not have missed it to much sense you haven't been receiving it for over a year. Yes National Guard soldiers can and do get article 15s.

Response by SPC Mike Wilson made May 26 at 2016 9:07 PM

2016-05-26T21:07:05-04:00

Until you sign your DD 214 you still have to show up for drill. As an E4 you obviously weren't a day one private and knew better. Don't push blame off on your leadership.

Response by Cpl Dan A. made May 26 at 2016 9:16 PM

2016-05-26T21:16:10-04:00

What the fuck. I was active duty USMC Afghan combat vet, and I know it is way different than what you do, but any Marine would be crucified in Leavenworth for this shit.

Response by SGT Private RallyPoint Member made May 26 at 2016 9:20 PM

2016-05-26T21:20:53-04:00

This it easy for a long is your contract 6 or 8 years. If the time not over you still in service if it past and you don't reenlist you are out of a system but if your contact don't end yet and you don't receive a discharge form you are in service but if you receive a discharge form you are out of service

Response by SPC Private RallyPoint Member made May 26 at 2016 9:42 PM

2016-05-26T21:42:04-04:00

The display of upper leadership in the comment section is truly inspiring. Keep it up Sgt's/Top. Your ability to see past the initial anger of a Soldier gone AWOL and give solid non-biased advice is admirable, for lack of a better word. Thank you!

Response by SGT Private RallyPoint Member made May 26 at 2016 9:44 PM

2016-05-26T21:44:51-04:00

So this is slightly confusing. I'm not sure where you got Article 15s don't happen in the guard but they do. Crappy leadership, albeit happens, but that's no excuse for you signing your enlistment contract. Maternity leave us just that- leave. You still have an obligation to your initial contract. Did you reach out to your team leader, squad leader, platoon sergeant, lieutenant, section chief etc...? At a minimum, I'd contact JAG to see what your options are. You may be able to chalk the time up to ING, but you'll have to sort that out with your commander.

Response by SGT Bud Smith made May 26 at 2016 9:53 PM

2016-05-26T21:53:39-04:00

Honestly I think that if you signed the commitment to become a soldier whether it be active duty or gaurd. That isn't a commitment that should be just for money or rank. That's just stupid that rank comes with responsibility and apparently your not even worthy of either. I feel you should be discharged dishonorable and not receive another dime. I would hope no one would ever allow you to lead any type of soldier. Please just get out and let someone have that E4 slot that actually deserves it. Sorry to be so blunt but hey you put it here

Response by SGT Private RallyPoint Member made May 26 at 2016 10:15 PM

2016-05-26T22:15:44-04:00

If this isn't a troll post, you knew exactly what you were doing.

Response by 1LT Private RallyPoint Member made May 26 at 2016 10:21 PM

2016-05-26T22:21:09-04:00

First, I hope you have record of your communication. Platoon sergeants don't discharge anyone. Second, you mentioned not wanting to lose your pay. If you were continuing to get paid, you will, at a minimum, have to repay the government. Your command is probably going to be in a world of hurt. Sounds like accountability was non-existent.

Response by Ryan McMasters made May 26 at 2016 10:28 PM

2016-05-26T22:28:41-04:00

...

Response by SPC Roger L. Jumper made May 26 at 2016 10:34 PM

2016-05-26T22:34:03-04:00

I was in a similar situation as my job relocated me and I moved to Florida but was in the north carolina national guard. I wasn't going to travel 10 hours for drill so I asked for a transfer of unit. They granted it so that I didn't have to travel. I got in touch with a Florida unit and they helped me with the paper work. You got to do your part. It's your responsibility to do most of the work. Idk what your Mos is but they must have an opening for you. I got lucky. You signed the contract and you must finish your part. I hope that helps.

Response by 1SG John Kelley made May 26 at 2016 10:36 PM

2016-05-26T22:36:35-04:00

Arrested by whom? That has been said for MANY years (24 while I was in) and have yet to see that happen. I am sure it has somewhere but not as common as said. Call JAG tell them your story and see who was wrong. Congressional investigations work well also.

This is your lovely good at stake. I will say you should have pressed for more questions and paper work... It is what it is... Good Luck

Response by GySgt Carl Rumbolo made May 26 at 2016 10:46 PM

2016-05-26T22:46:35-04:00

The curious thing - and something I find quite hilarious, is that the original poster of the question has not followed up to any of the various responses written - apparently the post didn't get the sympathetic response and validation of her plight she had hoped.... but sometimes folks need to learn a hard lesson in a hard way.

Response by SGT Kurtis Kimble made May 26 at 2016 11:20 PM

2016-05-26T23:20:23-04:00

First you should of used common sense. Second you should be kicked out.

Response by SPC Private RallyPoint Member made May 26 at 2016 11:20 PM

2016-05-26T23:20:29-04:00

You are a soldier- you swore a oath- does t that mean anything? And you come on here looking for sympathy.

Response by Capt Michael Halpin made May 26 at 2016 11:24 PM

2016-05-26T23:24:24-04:00

You can turn down an Article 15 and request courts-martial. Contact the legal guys at the closest military base, they would be your best advisors.

Response by SFC Bobby Thompson made May 26 at 2016 11:35 PM

2016-05-26T23:35:17-04:00

In any court they always tell you that ignorance of the law is no excuse and basically you would still be punished. Maybe you can talk with your chain of command and get some type of less severe punishment.

Response by SGT Private RallyPoint Member made May 26 at 2016 11:53 PM

2016-05-26T23:53:11-04:00

How can you unknowingly be AWOL? You have drill every month. You either show up or not, it's that easy! Why would you move 2 states away from your unit without telling anyone. A miscarriage is terrible but it's no excuse to as why you didn't show to drill in a year. I don't get it how someone can be so negligent. You signed a contract that saying you would show up to drill once a month. I wish you well but after that my sympathy is gone.

Response by CPL Private RallyPoint Member made May 27 at 2016 12:41 AM

2016-05-27T00:41:40-04:00

Didn't they give your orders releasing you? Maybe it works Different for national guard. I received my orders for the IRR two weeks ago. I was told I had to keep drilling until I recived them.

Response by CPL Private RallyPoint Member made May 27 at 2016 12:53 AM

2016-05-27T00:53:20-04:00

I keep seeing comments on here about how wrong she is. I'm not sure how bad the National Guard is but I know the Reserves are horrible about keeping soldiers informed or even letting them know how it works because it is a very differnet world then Active Duty. I served 13 years Active Duty and the 1 year I served in the reserves was worse then any unit Active Duty unit I ever served with. There are no words for the stupidity that runs that clown show. It is more the feasible that her unit fucked Her over.

Response by MSG David Johnson made May 27 at 2016 1:16 AM

2016-05-27T01:16:32-04:00

JAG office

Response by PO3 Tim Fugate made May 27 at 2016 1:36 AM

2016-05-27T01:36:43-04:00

Actually under the UCMJ your pay would stop once marked AOL and a warrant was issued. Falling under the NG22 act you are still subject to the UCMJ.

If you are still being paid your not AWOL, just go to the NG unit nearest you and do transfer papers to be assigned to that unit.

When your pay stops that's when you know the warrant hit and they would send people out looking for you. Then you'd be put in the brig til you go to court which could take up to 12 months then you'll get a dishonorable discharge thwn you'll loose voting rights, your retirement you gun rights as this is considered a felony

Response by Sgt Wayne Harper made May 27 at 2016 1:47 AM

2016-05-27T01:47:23-04:00

Since you come under state authority you can be arrested and tried in state court.

Response by SP5 Andy Downs made May 27 at 2016 1:48 AM

2016-05-27T01:48:37-04:00

well ill tell u this u can receive a article but however cuircumstances are different for all. the first thing you should do is switch ng units to a local unit. u have to fulfill yr contract. but I would definatly change to a local unit. ng is ng no matter the state

Response by Sgt Richard Elliott made May 27 at 2016 1:54 AM

2016-05-27T01:54:26-04:00

See legal advice on base or through an experienced civilian lawyer

Response by SSG Pat McCloud made May 27 at 2016 4:44 AM

2016-05-27T04:44:06-04:00

Um, sorry for your pain and suffering. BUT, do you not have a cell Phone, or other things like pen and paper? AWOL is not a joke. You signed the paperwork. Time to face the music.

Response by TSgt Private RallyPoint Member made May 27 at 2016 4:58 AM

2016-05-27T04:58:12-04:00

You are not the first.

Response by SFC James Liedtka made May 27 at 2016 5:57 AM

2016-05-27T05:57:33-04:00

With the military being downsized I can't see why they contacted you to keep you in. A Soldier who was dedicated and wanted to stay would be calling their unit or showing up no matter what their issue was. You need to be discharged. As far as a warrant, not unless the police are looking for you for criminal activity. Units do not call the police and waste their time simply because you don't show up. The units time is better spent taking care of those showing up for duty, and the police have real crimes to focus on. Thanks for your service, but its time for you to go.

Response by 1LT Private RallyPoint Member made May 27 at 2016 6:53 AM

2016-05-27T06:53:51-04:00

I normally hold my tongue, but after reading all of the posts, and seeing how some here are truly trying to help this junior enlisted, and trying to set her up for success, I couldn't stand it any longer. If you start at the top of this post and just read, you'll see leader after leader doing exactly what they're supposed to do. Give advice based off their experiences. Then you come to a SFC, an E-7, who makes the asinine and ignorant comment "yes she can she's National Guard lol." That's the exact kind of leadership I've seen everywhere there is a jacked up unit. You threw out an excuse for ineptitude. And that should be so far below the level of an E-7. I expect the junior enlisted serving under me to do that.

For my two cents worth on your issue, SPC, get YOUR piece of this problem squared away prior to going to your unit. Get medical records, get text/phone call records. Units send out drill letters. Bring the ones you have, document the ones you don't. I agree you need to pursue an interstate trader (IST), and to do that, get everything squared away. PT, medical, readiness, home life. This will absolutely help you in the long run, especially as it seems your current unit may not have all their ducks in a row. I'm so sorry for your loss, and wish you all of the best with this problem. Keep your chin up, and Charlie Mike.

Response by SSgt Craig Manns made May 27 at 2016 7:58 AM

2016-05-27T07:58:51-04:00

If you were getting a paycheck you certainly should receive some sort of disciplinary action. And if you have any sense of responsibility whatsoever you should be fine with it. But your higher ups should receive twice what you get, because more should be expected of your chain.

Response by SGT Private RallyPoint Member made May 27 at 2016 8:15 AM

2016-05-27T08:15:13-04:00

You have been gone a year and still get paid??????
This may be a leadership issue, but it also sounds to me like another millennial wanting wanting wanting but not taking any responsibility.
IF you still got paid the whole time, YOU should have known something was up and said something, if not, then you just spent the last year without it anyway, so how does it hurt you.

On the flip side, they CANNOT arrest you, that threat is empty and ridiculous and I can promise you, if there IS a warrant, it is t for that.
And yes, you can get an article 15 in the guard, quit listening to your battle buddies and the SPC underground

Response by SMSgt Kelly Butler made May 27 at 2016 8:31 AM

2016-05-27T08:31:15-04:00

I feel for you to a point but on the other hand you are an adult who joined the military. You haven't shown up for drill and expect everyone to call you. Where is the personal responsibility here? You made the obligation and didn't fulfill it. While you can't get an article 15 for missing drill, I would want to discharge you. If you worked that hard for E-4 than you should have known your responsibilities. I know this is harsh, but I don't believe in pampering troops. If you didn't realize you were still in the military and had an obligation and had to be contacted via Facebook - you don't belong in the military. And I really hope you were not still being paid for drills while you were out or you and your Readiness NCO should be charged for falsifying documents if you haven't been to drill and are still getting paid.

Response by MAJ Curt Hewett made May 27 at 2016 8:35 AM

2016-05-27T08:35:58-04:00

you better show up to the unit and work out whats going on, DFR and AWOL are totally different and until you see ANY paperwork releasing you from the guard, ur still on the rolls. so SHow up, talk to them, get a transfer to another guard unit (they can do that) and then get out legally if you want to be out of the guard or make a fresh start in a new unit.

Response by SGT Janet Howell made May 27 at 2016 9:22 AM

2016-05-27T09:22:21-04:00

National Guard is still military. Your leadership should have follow up but since you were the one who signed that contract you should have followed up. It was your career path.

Response by PO1 Javid Benson made May 27 at 2016 9:33 AM

2016-05-27T09:33:33-04:00

U made the choice to not show up for a year legally that's awol I can't understand why no contacted u though

Response by CPL Ray Hughes made May 27 at 2016 9:58 AM

2016-05-27T09:58:06-04:00

You were AWOL. The National Guard is not exempt from the UCMJ. You were ok with being paid for nothing. That's fraud. You are AWOL collected tax payers money for not doing your job You might want to be a politician. Your don't deserve an article 15. You deserve a full court martial. You get no sympathy here when I know combat wounded begging to go back to there units. Have fun making little rocks out of big rocks for a few years. Also without pay and enjoy your dishonorable discharge. I don't believe one word. There are exceptions for your medical issues if there truly were any Byrn your uniforms you are a disgrace

Response by SCPO Private RallyPoint Member made May 27 at 2016 10:20 AM

2016-05-27T10:20:49-04:00

Paragraph Three: you knew were getting paid, but didn't know you were still on the roster? You did yourself no favors with that incongruent admission.

Response by SGT Tracey "Tra" Cooper-Harris made May 27 at 2016 10:24 AM

2016-05-27T10:24:12-04:00

I'm going to agree with 1SG Healy. Bad leadership. I was in a Guard unit right after my 8yr AD enlistment. Tried contacting the unit while on Terminal Leave in August through November (1st Drill was supposed to be in October).

Nada until December. Then they said they didn't have funding to send me to get MOS qualified for the first year and a half I drilled with them. So, I was just going to do my obligations ride out my contract.

Then my Mom died. I asked if I could transfer to another unit, and I got it okayed thru the command. Moved out of SC to find another unit and transfer to the Reserves where they had my Active Duty MOS. Few months later, 9/11 happens. Get a call from my NG unit saying if I don't come to drill, I'll be AWOL and arrested whenever I come back to South Carolina. They called my Pop who was still grieving the loss of my Mom and told him the same thing. He was pretty upset.

So, I went back. Apparently, I was told erroneous info, and the LTC who harassed me and my Pop was on medical leave. I talked to the new Commander and 1SG about what was discussed with the previous Commander, my new location, and that my not being MOS Q'd would not look good for this unit's readiness as they were preparing for deployment. I was working with a recruiter in CA to go into the Reserves, and I would be in a new unit before the end of the year. They wished me luck and I was at MEPS in January 2002. First drill with my unit was February 2002,and we were activated for OEF and OIF by July.

The straw that broke the camel's back with me and this unit was a phone call to my cell at 530am California time asking if I would be at drill. This was March 2002. In order for me to enlist in the Reserves, the SCNG AG had to release me from the Guard. The fact that some idiot called me asking if I was coming to drill when my updated information from October 2001 had me in California and transferring into the Reserves had me cuss the person out and threaten an IG investigation on the unit. The NCO who called said they couldn't verify that my contract with the Guard had been broken. I informed him to check with the Adjutant General for the State, since I signed a contract with the Reserves & was no longer part of the Guard. And it is impossible for me to be part of BOTH.

All that was to say this:
Unless you stay current with your contacts in your unit and following up with what folks say they're going to do, things won't get done. This may not be with all Guard units, but it was my experience. You won't be AWOL. You have an obligation to keep them informed and stay on them about paperwork to process you out, if that's what you want.

Response by SSG Tim Wood made May 27 at 2016 10:28 AM

2016-05-27T10:28:56-04:00

Is this shit for real? Can't be

Response by MSG Mark Million made May 27 at 2016 10:29 AM

2016-05-27T10:29:03-04:00

There is far to much information not available here to give a difinitive true answer. It should go with basic soldiering to follow up asking for the discharge papers you say you were promised. Until you have the, basic rule of thumb should be you would still be in. Assuming that you are out without the paperwork would constitute poor critical thinking skills. However to fix the situation step 1 contact an attorney to ensure you know what you can say. MOST IMPORTANTLY CONTACT YOUR UNIT. The reason I say attorney first is that the first thing your unit will want is updated contact information, an attorney can advise you on how to answer the questions your unit will want answered in the manner that is safest for you. This does NOT MEAN LIE, it means know when it might be acceptable to do things such as invoking certain rights. This could be a very easy fix, or it might be complex depending on the actions your unit has taken. Get some basic legal advice, then CONTACT YOUR UNIT.

Response by MAJ Private RallyPoint Member made May 27 at 2016 10:40 AM

2016-05-27T10:40:33-04:00

BLUF: get in contact with JAG ASAP! I'm active duty for 19 years my wife was for 6 and now 2 years reserve as a JAG officer - contact them immediately- end of discussion.

Response by Abel Ortolaza made May 27 at 2016 10:52 AM

2016-05-27T10:52:35-04:00

You are a unsatisfactory performer and you get discharged from the national guard or reserve and placed in the IRR with MSO or completly discharged from the service. No jail time.

Response by PO1 Howard Doll made May 27 at 2016 10:53 AM

2016-05-27T10:53:35-04:00

While I am sorry to hear of your loss, this is a practice of poor head work. The thought of "maybe I should check in" never occur? Right or wrong, I have always kept everyone (your superiors) in the loop. Personally I think you owe the Gov't some back pay. Take the consequences of your actions.

Response by SrA Private RallyPoint Member made May 27 at 2016 11:45 AM

2016-05-27T11:45:41-04:00

Lol did you do any out processing?

Response by LTC Private RallyPoint Member made May 27 at 2016 12:31 PM

2016-05-27T12:31:21-04:00

Anyone ever hear what happened to this SPC?

Response by SrA Private RallyPoint Member made May 27 at 2016 12:41 PM

2016-05-27T12:41:20-04:00

Delcina, you need to speak with your IG. If it was for medical purposes you need pull all of your medical records leading to this point from last January. Also, get with the JAG, and have them discuss your options. Next, you need to get put in AT days and go down and get a hotel and earn all the points back that you've missed. If they deny you your 2 weeks and what ever drill make-up days that's against them, not you. But you need to get all your medical information and doctors notes and see the JAG. And to the best of my knowledge you CAN get a article 15 in the guard.

Response by MSgt Deborah Wilson made May 27 at 2016 12:46 PM

2016-05-27T12:46:25-04:00

I am sorry for your loss. I am also sorry for your shitty leadership. But, that being said, as you know with the government there is always a paper trail and you should have gotten paperwork to prove you have been discharged. Always assume you are still in your previous status until you receive paperwork that says otherwise. This is for all things, enlistment, promotion, change of duty station, discharge and the list goes on and on. Word of mouth is not sufficient.

Now you have a shit storm to deal with, you can't turn back time, stand up and take your links. You fucked up. Go to the JAG and hopefully they can minimize your punishment. I can honestly say, you will probably lose your rank, but be thankful that is all that happens.

Response by SSG Private RallyPoint Member made May 27 at 2016 1:52 PM

2016-05-27T13:52:16-04:00

You need to take responsibility for your actions and lack of action. At this point, I can't even fake sympathy. You can't expect anyone to actually believe you didn't know you couldn't get any UCMJ action just because you're in the National Guard. You can't play the victim here nor play stupid. You're only making things worse for you. Everyone in the military knows the exact date of their discharge based on their current contract. You can't just move and not tell anyone. And in the National Guard, you're supposed to stay in that state. My advice to you, Specialist, is to contact your first line supervisor and turn yourself into the appropriate authorities.

Response by PFC Private RallyPoint Member made May 27 at 2016 1:59 PM

2016-05-27T13:59:02-04:00

It's gonna be a no from me as well. At no point in my military career did I ever think someone would tell me to stop showing up and boom... I'm out of the army just like that.

Response by SGT Private RallyPoint Member made May 27 at 2016 2:31 PM

2016-05-27T14:31:27-04:00

Here's 5th deal. The Army Guard and Reserve try to recover as many of you UNSATS as it can. Why? IDK, you should have been either discharged with an other than honorable or transfered to a unit closer to you. But have some PC and show up and start getting your rear in check. Get a transfer and move on with your career, if not just let the system do its job and let them kick you out.

Response by Sgt Garret Hawkey made May 27 at 2016 2:33 PM

2016-05-27T14:33:05-04:00

I don't know much about the national guard, but there is always paperwork in the Marines.
If you leave active duty you get a dd214, if you are discharged from the reserves you get a piece of paper saying your active reserve period has ended, any type of Leave you get a paper.
When I was in it was all about paperwork.
If there is a proper paper trail then you are good, if there is no papertrail then you are screwed

Response by SGT Eric Vazquez made May 27 at 2016 3:31 PM

2016-05-27T15:31:14-04:00

How on earth....you don't want to loose the pay? you had the miscarriage in Jan But In April you where being discharged.....you thought you where out which means no pay right and no more rank but now you don't want to loose it? which meant that maybe for some reason they continued to pay you which means that they cant prove that you where not present for drills because they payed you which means you knew the deal and now the ride is over.....look there 2 sides to every story and the truth is somewhere in the middle your side of all of this is plenty fishy just take your self to drill and don't say another word

Response by SFC Private RallyPoint Member made May 27 at 2016 4:01 PM

2016-05-27T16:01:46-04:00

1SG Healy hit it right on the head. Now that you know, get ahead of it and be proactive in getting it take care of. Do not wait to hear from them. As stated, your leadership should have sent out a welfare check team long ago. That's going to come back and bite them. If you want to go beyond E4, change units, that leadership you currently have cannot be learned from. Unless you want to learn how not to do it.

Response by SFC Karl Sauter made May 27 at 2016 4:47 PM

2016-05-27T16:47:40-04:00

This must be a joke. A person being discharged receives paperwork.

Response by 1SG Private RallyPoint Member made May 27 at 2016 5:09 PM

2016-05-27T17:09:29-04:00

Sucks your Readiness NCO or PSG didn't communicate with you, if that's the story! If you never signed anything stating you was discharged or placed on ING, you have a place of duty. Looks like two at fault!

Response by SPC Jacob Taylor made May 27 at 2016 5:12 PM

2016-05-27T17:12:55-04:00

Is this a joke?

Response by Sgt Chong D made May 27 at 2016 9:21 PM

2016-05-27T21:21:11-04:00

It says you're an MP. Are you kidding me? For a year; you received paychecks. How could you think you were out? Of course you're awol; getting paid but not showing up lol. I can't believe they kept paying you.

Response by SGT Private RallyPoint Member made May 27 at 2016 9:49 PM

2016-05-27T21:49:19-04:00

This is another example of where the army is headed. Kicking people out for the craziest things and keeping people in that only know how to run fast. Unfortunately, we will be seeing much more of this as time goes on. Leaders becoming leaders by reason of,"we need more leaders" has been crippling the military. The fact that they didn't have a phone number for u and contacted u via Facebook is all I needed to read. I feel bad for you and anyone else under your leadership.

Response by Capt Private RallyPoint Member made May 27 at 2016 10:48 PM

2016-05-27T22:48:09-04:00

I noticed that you enlisted in 2006. Finding it hard to believe that a Guardsman with 10 years in isn't aware of his/her responsibilities. Lawyer up, go to work, and take accountability for your actions. This definitely isn't something that you can hide from and prolonging it by failing to show up to drill won't make the situation any better.

Response by SSgt Juan Davila made May 27 at 2016 11:11 PM

2016-05-27T23:11:45-04:00

I have a hard time buying this one

Response by SGT Charles Vernier made May 28 at 2016 2:22 AM

2016-05-28T02:22:59-04:00

I can't really add anything that hasn't already been said. Life can be hard on us at times, but ultimately we are responsible for our own actions.

Response by PFC Private RallyPoint Member made May 28 at 2016 7:28 AM

2016-05-28T07:28:44-04:00

Im sorry but how do you know your suppoed to show up to drill how where you still getting paid?

I just left the army l,but still keep in contact with my platoon Sargent just incase some thing goes wrong with paper work.

Response by SPC Louis Copechal made May 28 at 2016 9:25 AM

2016-05-28T09:25:18-04:00

Sorry but you have no one to blame but yourself. Anyone and I do mean EVERYONE who has joined should have a COMPLETE understanding of the ucmj codes, and I hate to say it but you NEED to get to your unit and get it SQUARED away regardless of the outcome. I suffered a broken spine during conflict and once I got back state side I STILL made sure I got to the unit everyday to verify where I was ie physical rehabilitation, doctors appointment and everything else. YOU are obligated to let your unit KNOW where you are at ALL time regardless of what is going on, it is NOT your units place to keep track of you without YOUR INPUT! An article 15 is small potatoes compared to what COULD HAPPEN if you do not keep your unit updated on where you are or what's going on.

Response by SFC Private RallyPoint Member made May 28 at 2016 11:03 AM

2016-05-28T11:03:33-04:00

Not sure what state you're in, but you can recieve non-judicial punishment under your state's code of military justice. The one weekend a month bit has nothing to do with it other than a different legal authority for the action. In Texas, it's the TCMJ, as opposed to UCMJ for Title 10 Active Component personnel. Out for a year? Nothing, short of a discharge order relieves you of the responsibility to report for duty, or at the very lesat, to remain in contact with your unit. Your NCO support channel should reach out to you as well, but part of that responsibility remains yours, especially when extraordinary circumstances arrive. A warrant can be issued for arrest (very labor intensive) tho most units, NCOs and Commanders would rather you report than see you arrested, and your rank can be stripped from you one grade at a time per month AWOL, and after nine missed periods of drill recorded as AWOL (reflecting time missed from at least three months in a twelve month stretch) you can be processed for involuntary separation from the military. As to the long commute, again, communicate with your unit. Across state lines, an interstate transfer may be possible, tho AWOL time will be a hurdle to cross. Within the same state, a transfer may be possible, but you have to communicate with your unit. I was a Readiness NCO for more than a dozen years... dealt with all of this on several occasions.

Response by SPC Private RallyPoint Member made May 28 at 2016 11:15 AM

2016-05-28T11:15:56-04:00

1st and most foremost I'm sorry you had to go through such a hard thing. 2nd just because he said you were going to be discharged doesn't mean you stop showing up for drill. You still have that obligation to fulfill until you and your unit go through those steps to complete the process (I.e gear turn in, paperwork, and out processing. 3rdly I've never heard of a NG being arrested for AWOL unless you are to deploy and you didn't. Typically if you were a good soldier before this you can face reduction in rank and some kind of reprimand in your 201. The other option is that if you were a POS soldier prior then you will get a dishonorable discharge and be banned from re-enlistment. It's really up to your chain of command on the corse or action they will take. Finally your team leader all the way to your 1st SGT dropped the ball by not checking on you. Not only for your health and welfare but so they can stay up to date on your status.

Response by SSG Private RallyPoint Member made May 28 at 2016 11:59 AM

2016-05-28T11:59:06-04:00

Bottom line up front: as a former (acting) Readiness NCO, and a former AGR Supply Sergeant, what advice I can give you is this:

1) Contact JAG, specifically the Defense Trial Service at your state's Joint Force Headquarters. You are your best advocate, but they have the legal know-how to help
You through this process. The last thing you want to do is incriminate yourself.
2) Did they send you anything stating you were discharged? If not, you are not discharged.
3) In that same line, did they send you anything stating you were AWOL? There are procedures they have to follow, and JAG will want to see certified letters and screen shots of Facebook contact, emails, etc, proving they attempted to contact you.

You do need to go to drill, though. They can have you arrested, but that's honestly rarely done. But you need to get right with your unit before you request an Interstate Transfer ("IST"). No unit is going to want to pick you up with a pending Article 15.

Response by SSG Private RallyPoint Member made May 28 at 2016 12:08 PM

2016-05-28T12:08:18-04:00

Hey, everybody saying she stole government money, relax. She didn't. She never said she was still being paid, she was referring to forfeiture of pay under Article 15. If she was actually paid, her unit coded her in their 1379 with a P for Present. In that case, she wasn't AWOL, anyway. Nobody paid her because she didn't show up.

Response by SGT Larry Ensminger made May 28 at 2016 12:30 PM

2016-05-28T12:30:19-04:00

If this is the case u had to of noticed the deposit in ur account every month.
One of my soldiers back in the day did the awol game. She was forced to go active duty. As far as ur rank, that should b the least of ur worries. Apparently ur company or bat what ever it is, they r a joke. All of them need to be relieved of duty then throw out. Bottom line is, u never got ur DD214. Suck it up and face the situation and circumstances.

Response by SSG Private RallyPoint Member made May 28 at 2016 12:49 PM

2016-05-28T12:49:06-04:00

I don't feel bad at all. It is your career and future. You should know if you were discharged or not. Take responsibility for your actions. I didn't know is not an excuse because you didn't follow up.

Response by SSG Private RallyPoint Member made May 28 at 2016 12:51 PM

2016-05-28T12:51:54-04:00

I'm not going entertain this crap

Response by SSG Private RallyPoint Member made May 28 at 2016 1:48 PM

2016-05-28T13:48:04-04:00

If you were still getting paid and you were not showing up that should have been your first clue something was wrong.

Response by SFC Private RallyPoint Member made May 28 at 2016 2:01 PM

2016-05-28T14:01:46-04:00

You will not be arrested if you show up for drill.

Response by PO2 Private RallyPoint Member made May 28 at 2016 5:15 PM

2016-05-28T17:15:24-04:00

This is what pissed me off about the reserves, when I separated from active duty it took them 60 days to cut me orders, the whole time I was like "did they forget about me?, am I still in? Why don't I have a sponsor?"

Response by PO2 John Petersen made May 28 at 2016 5:31 PM

2016-05-28T17:31:21-04:00

I'm no lawyer or guard expert. But, in general, you have to always face the music. In instances where you are outside of bounds and, especially, wanted, you have to show up and work thru it. You can talk to a lawyer but your best bet is probably show up (in spec and in uniform) and talk to your nco and command. They may have leeway and be able to give you a way to stay in and work it out. They also may not. But, that is the best bet. If you get there and they are hard nosed about it you didn't lose anything. You can still engaged a lawyer then. But, path of least resistance is usually best when there is no doubt you've done wrong and are asking for mercy due to extenuating circumstances

Response by CPO Gary Ray made May 28 at 2016 6:16 PM

2016-05-28T18:16:16-04:00

You should be put in the brig then shot !

Response by SPC Private RallyPoint Member made May 28 at 2016 6:35 PM

2016-05-28T18:35:58-04:00

I guess my question is that did you still have your ta50 and wouldnt your leadership have called you immediately after being late for a muta let alone the entire drill weekend?

Something isnt adding up here because usually leadership make themselves abundantly clear especially to lower enlisted if there are errors present

Response by MSG Bob Hancock made May 28 at 2016 9:10 PM

2016-05-28T21:10:19-04:00

First of all did you notify you unit that you were moving? They could have found you a home in that state. It was your responsibility to notify your Unit Administrator. I am surprised that after missing 3 drills that you were not discharged for failure to attend drills. Also yes it is legal to actually have you arrested for failure to attend drill. I realize that sometimes young troops don't realize what they need to do, but you should have known that if you don't give them a forwarding address they cannot find you. And you had to have known that you should have contacted your unit if you were not attending drills for up to a year. The reason you are drilling so far away may be because of the MOS that you hold. You should be receiving travel expense and a hotel room if you are coming that far to drill. Your meals should also be furnished or reimbursed as well. I would assume that you unit is not too happy with you right now. Good Luck.

Response by CPL Private RallyPoint Member made May 28 at 2016 9:10 PM

2016-05-28T21:10:34-04:00

I see your confusion. Being active duty for so long and then entering the reserve and transferring to the National Guard I have seen a lot of crap.
1. My sympathies to you on your loss.
2. Nowhere in your statement did you mention you were still being paid. I don't believe you were. I see what you are saying in that now that you are aware that you have not been discharged you would like to retain your pay and grade.
3. It is common practice that NFL units are closer and expect you to trust the leadership words. I can see how this failed you. I also see how you failed yourself. You should have called and checked in periodically whether you went in or not.
You know the saying "don't ask don't tel".. it goes both ways. This one is on you.
4. It is obvious your unit /leadership knew you were having a problem that kept you from drill. It is also on said people who you were to report to.
5. Stand up and take responsibility for your lack of action and explain the scenario. I hope it all works out for you. If you have a chance before drill talk to a legal representative. They can at least guide you. If you live near an active post call the JAG rep or make an appt. You will need help if your unit is set on pushing this issue.
6. If you have already spoken to your COC and If ANY documentation was handed to you to sign or notify you of said discharge go Talk to IG about this as well. Tell them about the situation and see if they can help. Hope all works well.
Stand tall and do the right thing.

Response by LCpl Jeff Moore made May 28 at 2016 9:20 PM

2016-05-28T21:20:04-04:00

Was it January of 2016 or 2015? If 2015 then you drop the ball and should of had someone checking in.

Response by SSG John Osburn made May 28 at 2016 9:55 PM

2016-05-28T21:55:26-04:00

Contact jag. Contact civilian attorney.

Response by SGT Private RallyPoint Member made May 28 at 2016 10:23 PM

2016-05-28T22:23:17-04:00

Since you managed to make E4 you should know that anyone wearing a uniform can receive UCMJ punishment, also you should've also known just because someone tells you that you should be discharged due to medical reasons that you have a process to go through not just word of mouth that your discharged. Acting like you don't understand how this is happening doesn't make it a set up.

Response by CH (CPT)(P) Private RallyPoint Member made May 28 at 2016 10:51 PM

2016-05-28T22:51:43-04:00

I was AGR for 10 years and can't tell you how many times people thought they were discharged but weren't. I always asked two things: Who told you you were discharged? And, did you ever receive orders?

Pretty much every time the answer was, "I don't no and no." Young junior enlisted don't know what they don't know. But if their NCO don't teach them it's a shared failure.

Response by TSgt Daniel McGraew made May 29 at 2016 1:55 AM

2016-05-29T01:55:57-04:00

Well lets think about one BIG thing... You say you do not want to lose your PAY....If you were getting pay and not going to your Drill ... even a fool would have made some calls long before now ... A year collecting money , moving away, and did not resolve issues before now? I would say that you do not have what it takes to serve..... But that is just my thoughts form a 20 year active duty vet.

Response by SFC(P) John McLaughlin made May 29 at 2016 2:14 AM

2016-05-29T02:14:04-04:00

I'm truly sorry for your loss. Ok here's my piece on this take.

1: you need to keep your unit notified of your address change at all times. This includes your first line supervisor.

2: your unit should have been notified of medical condition along with proper medical paperwork

3: your unit and first line supervisor should have been in contact with you during the pregnancy to follow up to ensure your doing well

4: you can't rely on your drill pay for your finances

5: contact the Jag in your drilling state

6: no matter what your actions are your actions. AWOL is AWOL.

Response by GySgt Jose Escarsega made May 29 at 2016 5:58 AM

2016-05-29T05:58:00-04:00

You are screwed. It's your responsibility to know the regulations. Not you platoon leaders.

Response by SPC Tiffany MacDonald made May 29 at 2016 9:01 AM

2016-05-29T09:01:13-04:00

I have so many thoughts. I'm out now but.. When I was in, after losing our admin personnel, I stepped in a was tasked with doing AWOL packets every drill, for anyone who missed. A person's direct SGT would begin to call them if they weren't in formation at five til. They would call multiple times, trying to figure out where the heck said AWOL soldier was. If there was never an answer/legitimate reason for their lack of attendance, I had to send them their AWOL packet to their address on record. Aka, many many attempts at communicating with the AWOL soldier.
Did you never receive a call when you didn't show up to drill? Or any mail correspondence? I know you said you moved states but not right away. I'm seriously not understanding how a year goes by without them contacting you, or how you would not realize that nothing is REAL in the military until it is in writing.
I get it, miscarriages are hard, especially one with physical complications. I've had one myself. But... Physical complications bad enough to cause separation? Unless they were emotional but... Again, paperwork.
As many people mentioned... How are you worried about your rank/pay, if you shouldn't have received it this past year? And if you did receive it... Someone screwed up doing payroll. Anyone who isn't in attendance/ did a SUTA for drill doesn't get paid, unless there was a big SNAFU.
What state? Criminal records are public information. You can check for a warrant.
I truly feel like there HAS to be more to this.

Response by SGT Private RallyPoint Member made May 29 at 2016 9:40 AM

2016-05-29T09:40:23-04:00

Bye Felicia

Response by PO1 Private RallyPoint Member made May 29 at 2016 10:00 AM

2016-05-29T10:00:47-04:00

So you didn't ever receive discharge paperwork and just assumed you were discharged? You're either a moron or you're not telling the whole story.

Response by PFC Private RallyPoint Member made May 29 at 2016 11:20 AM

2016-05-29T11:20:35-04:00

wonder why the money being put in your bank account wasn't enough to make you ask questions.

Response by SSG Dave G made May 29 at 2016 11:54 AM

2016-05-29T11:54:46-04:00

Truly crappy leadership,but as long as you are proactive about the situation you can unf##k it eventually..The good news is that you want to stay in,so maybe you will get enough rank one day to save some future Soldier from a similar dilemma,the bad news is you still are at fault for the situation so it might be awhile til all this happens..Ive seen worse things happen to some truly ate up Soldiers and they still eventually made at least E5 before they ETS

Response by Cpl Michael Huebner made May 29 at 2016 12:52 PM

2016-05-29T12:52:19-04:00

I started out in the National guard at the age of 17 doing the split training thing(basic during summer after junior year, and ait after senior year). During the school year I drilled with my unit one weekend a month. Before I shipped for basic I broke my wrist which required surgery and prevented me from going to basic. I was medically discharged since I would not be able to complete my training in two years due to recovery time and finishing my senior year. My point is I was a 17 year old E-2, with about a year in service, who knew I needed paperwork to be discharged and needed to turn my gear in. I fail to see how someone who has completed training and earned the rank of E-4 does not know how much the military loves it paperwork and they should have made sure they had something officially stating their discharge, instead of "assuming" they were discharged because someone said so.

Response by SrA Jason Mccullough made May 29 at 2016 1:00 PM

2016-05-29T13:00:51-04:00

I am mostly confused by the idea that you lived believing that you were discharged and now you are worried about losing rank and pay?! Sorry but I call BS. You knew you had a responsibility, but through frustration at poor leadership and a bad turn of life you quit mentally. It sucks, but there are zero grey areas in the military.

Response by SFC Private RallyPoint Member made May 29 at 2016 1:36 PM

2016-05-29T13:36:58-04:00

You're an idiot. You knew god damn good and well that you signed a contract and that you neither performed duty or received a discharge.

Response by 1SG Private RallyPoint Member made May 29 at 2016 1:37 PM

2016-05-29T13:37:20-04:00

We learn very early on (at least on the Active Duty side) that you have to take control over your own career. I would consider it fairly common sense that you're not automatically out of the Army because a PSG said so. Clearly you had to know that there would be some kind of paperwork involved. I'm not saying this to bash you, I'm saying this because you have to take the brunt of the responsibility. This is 80 percent your fault and 20 percent toxic leadership....so what do you do, Too Easy , go to drill and suck it up. Tell them you intentions (keeping rank, etc) but realize while you were on a year of downtime a hard charging E2 or E3 was fighting for rank. If you want to stay in take your punishment and drive on. I highly doubt you'll be arrested, not in 2016. Good luck

Response by PFC Justin DuBois made May 29 at 2016 2:57 PM

2016-05-29T14:57:28-04:00

I'm jumping on the "this makes no sense" wagon, I apologize for your loss that can never be easy but from my point of view it appears you were careless and irresponsible. There also blame on the other end of the spectrum but I find it hard to believe you didn't know you were AWOL especially when receiving pay. A responsible adult would know to follow up to see what the deal was, your supposed to be professional to highest degree your a soldier who signed a very important agreement. This is an example of the level our new service members are on, it's terrifying..good luck to you I hope it all works out

Response by CPL Koalton Anderson made May 29 at 2016 3:32 PM

2016-05-29T15:32:09-04:00

Have you been in contact with you platoon Sgt. Or section chief every time you had formation

Response by SGT Private RallyPoint Member made May 29 at 2016 6:26 PM

2016-05-29T18:26:20-04:00

I hope it works out for you.. BUT, if you were discharged you would have gotten paperwork saying your commitment was over. I think your leadership failed you, in part, but you should have followed up. Lesson learned, cover your own a$$ cause nobody else will do it for you.

Response by SPC David Combs made May 29 at 2016 6:53 PM

2016-05-29T18:53:49-04:00

this is the only advice i can give you documentation that you are told whether active duty or in the Reserve units. there is a person i know how was leaving the military he keeps coming up with these stores about getting out on a medical discharge or being separated for one thing or another. according to him his command did a lot of thing like tell him not to go to work and stay by his phone if they need him they will call.
i told him that every thing that his command told him he need in one form of writing or another. it will help his case if they try to mess him over in the long run. text messages and messages on the phone. if you have any messages or proof that your old PL or section leader told you bring it it will help. but remember it is up to you to prove you where told because your old NCO is not there to tell them one way or another.

Response by SGT Private RallyPoint Member made May 29 at 2016 9:06 PM

2016-05-29T21:06:57-04:00

What you should have done was on top of checking in with your NCOIC, if you knew you were leaving, request an interstate transfer. In the process of your move was look for another unit. Your PSG or RNCO should have counseled you on the process. That is on them, but your part was to keep in touch with your Squad leader. I did two IT's. And I had a few soldiers do the same.

Response by SGT Private RallyPoint Member made May 29 at 2016 9:11 PM

2016-05-29T21:11:38-04:00

Get hot on finding a JAG.

Response by SGT Brian Parker made May 29 at 2016 10:01 PM

2016-05-29T22:01:18-04:00

Ok so a few quick things. First if if has been over a year since you made drill there is a good chance you are private nothing now as they would have started busting you in rank for not showing.

Second NG falls under the same regulation as regular Army. You miss 4 drill weekends and they can boot you. Pay can be taken and if you weren't showing up for drill for a year you weren't getting paid. If your unit was paying you as if you were there then that's another ball game.

Just a limb here but probably gonna get 7 days in jail but you can call to check to see if you have a warrant.

Response by Cpl Daniel Lee made May 29 at 2016 10:27 PM

2016-05-29T22:27:44-04:00

This chick must be one special case of stupid... its only one god damn weekend a month, 2 weeks a year and you couldnt even do that!! Of fucking course you're gonna get NJP'd (aka article 15) and you'll get a new place to stay too, its called jail!!!

Response by Amn Trace Wilson made May 29 at 2016 10:44 PM

2016-05-29T22:44:16-04:00

Lol is this for real? How can you say you want to keep your pay and rank, but you quit showing up for duty?

Response by LCpl Juan Rives made May 30 at 2016 12:41 AM

2016-05-30T00:41:44-04:00

I am sorry but I can't be sympathetic. You are AWOL. You deserve to be in the BRIG

Response by SrA Private RallyPoint Member made May 30 at 2016 3:35 AM

2016-05-30T03:35:03-04:00

How do you not know you are supposed to be at drill? You should have been in contact with your leadership the whole time. I know this, because I to had a miscarriage in October last year and had complications afterwards. I kept my flight Chiefs up to date on my condition and completed my paperwork to return to duty. As an E-4 you should know better.

Response by SFC Erich Orrick made May 30 at 2016 10:52 AM

2016-05-30T10:52:05-04:00

Good luck. You should have communicated with them. Only choice right now you have is communicate with them and see what they say instead of communicating with rally point. Whatever is going to happen will but until you do something about it you are still part of the problem. Who is at fault is not part of the problem right now.

Response by COL Private RallyPoint Member made May 31 at 2016 1:41 AM

2016-05-31T01:41:18-04:00

I'll just be short and to the point. You need to show up and plead your ignorance. You never should have stopped attending battle assembly until you had discharge papers and out processed the unit. Just go there and see what happens.

Response by SGT Private RallyPoint Member made Jun 2 at 2016 4:32 PM

2016-06-02T16:32:06-04:00

The fact that you're an MP, a Specialist, and this naive to Army knowledge as a whole absolutely blows my damn mind. Get the hell over to your armory and report.

Response by SPC(P) Delcina Myers made Jun 8 at 2016 3:44 AM

2016-06-08T03:44:38-04:00

I really hope every sees this...

I forgot to mention that I have a very large fibroid on my uterus, which caused the abrupt miscarriage. It took my 4 months to heal because my uterus wasn't decreasing in its size, and the fibroid kept me (bleeding) heavily. Even after a year after the miscarriage, I'm still registering At 16 weeks pregnant.

Also, I wasn't getting paid while I was (yes- unknowingly AWOL.) Mind you, when I say unknowingly, this is after being told I was being discharged. I've never been discharged apart from my normal ET back in 2012, and didn't know there was paperwork I had to sign. How was I supposed to know? Not like I've been discharged other than honorable, and even that took a year to get, including my DD214. With that being said, I say unknowingly. Also, how could I be in the wrong for moving and not letting them know, after what I was told? You guys make my head hurt because you all think you know the whole story. Seriously, quit assuming I was paid. I was not. I meant I didn't want to lose my pay I am entitled to receive with my rank and maxed out on my time as an e4. Especially with living two states away.

Now, to sum up what has happened since then: I am now in good standing with my unit. My commander had a good heart, and knew about the NCOs past with giving the wrong information. I am not the only one that he had screwed over.

My (referring to my former team and squad leaders), never once checked up on me. They knew where I was living. I informed them that I was temporarily living with my sister and how to reach me, and even knew how to get there. When I was in the hospital I didn't even get one one call, or a get well card. Not that I expected a card, but it's the thought that counts. My squad leader didn't even pass on the news of my loss to our passion sergeant. He didn't even know I had a miscarriage when I seen him in August. Neither did my commander. So, how's that for crummy leadership? Most of you are showing signs of their personality as well. All I wanted was answers, not bashing. Congrats on making things better, your a super trooper. For those who did read the message cuddly and had a heart, you're awesome. I'll follow you in battle any day.

Now I am trying to get an interstate transfer. I heard word that there's a deployment coming up, and I want to go. Is that wrong of me for trying? Sine of you might have something to bash on that as well, and if so, leave a private message so YOU guys don't get belittled. And you say to need to grow up? I took care of my responsibility. Do your part and be the NCO you took an oath and follow a creed by. If you can't, then you shouldn't be where you are, honestly. You make good nco's look bad. I'm at least trying to make things right.

Respects to all nco's and officers, by the way. To many to list.

Response by GySgt Carl Rumbolo made Jun 8 at 2016 8:35 AM

2016-06-08T08:35:56-04:00

And here we go - our wayward clueless service member is now responding - with her pathetic sense of entitlement, disgruntled by the fact that she got almost no sympathy for her self-induced situation.

She is still enlisted she claims, woe to the unit she is a part of. If she was a Marine and it was Fitness Report time, she gets a check mark in the NO box for the question "Would you be willing to take this individual into combat".

Response by Capt Tom Brown made Jun 14 at 2016 7:18 AM

2016-06-14T07:18:28-04:00

SPC(P) Delcina Myers According to his you have 439 comments to your situation. If you haven't already could you please update RP on how this resolved itself or is being resolved. Based on what you said I don't think too many people wish you to be hung out to dry over this.

Response by SPC Rex Luque made Jun 23 at 2016 11:06 AM

2016-06-23T11:06:13-04:00

She doesn't want to lose her pay?

So she was collecting a check and thought she was discharged? And some of you feel bad for her because leadership sucks?

The shame shield is strong with this one.

Response by CPL Private RallyPoint Member made Jun 23 at 2016 12:27 PM

2016-06-23T12:27:20-04:00

I am glad things worked out for you. I apologize for the rest of these Uniforms. Having been in Active duty to the reserves then to the Guard I can see where soldiers fall through the cracks. Specifically if you have only been in the Guard or the Reserves. It is maddening. Communication in the Guard and Reserves is seriously lacking in most cases. Take this lesson to heart and remember "if it (regarding anything) isn't written down than it didn't happen". Leave forms, split training requests, DD214s all need to be hard copy in your hand. Best wishes to you and yours in the future.

Response by SSG Private RallyPoint Member made Jun 23 at 2016 9:41 PM

2016-06-23T21:41:24-04:00

Forrest Gump was at least smart enough to know that if you find yourself alone and cut off from your Army...."that's a bad thing". I recall a situation similar to this one where a Soldier left his post for a long time and didn't answer his radio. I think he got to meet the president too.

Response by CPL Jim Preston made Jun 24 at 2016 4:35 PM

2016-06-24T16:35:41-04:00

You can't play that card. If you are a E-4 you know enough to know if you are discharged you get a DD-214 without that you are still in and as far as having to travel 12 hours is pure bullshit there are national guards all over every state. In my opinion your little ass should be behind bars

Response by PFC Roland Pena made Jun 24 at 2016 5:25 PM

2016-06-24T17:25:17-04:00

Just go in and face the consquences and plead your case. Hopefully, you'll be shown a little mercy. Remember and it don't mean a thing - not a thing.
Vietnam vet

Response by SFC Private RallyPoint Member made Jun 24 at 2016 7:19 PM

2016-06-24T19:19:26-04:00

Your situation is unusual, and to repeat many posts here, seek military legal advice. Most larger reserve component training facilities have full time legal offices. Best of luck to you. The lack of accountability isn't shocking. When I left the reserve ten years ago I got a call 6 months later telling me I was going to be separated...... one problem..... I left the reserve for active duty. They apparently had forgotten about the conditional release they sign and all the gear I turned in.

Response by Sgt Mookie Hernandez made Jun 24 at 2016 7:29 PM

2016-06-24T19:29:58-04:00

Article 86 of the UCMJ is specific, so is Article 87. Your best bet is to report to the Commanding Office r of your unit and explain your situation as you have explained it here.

Response by SFC Private RallyPoint Member made Jun 25 at 2016 10:31 AM

2016-06-25T10:31:37-04:00

Were you still getting paid from the moment you thought you were discharged till now?

Response by 1LT Private RallyPoint Member made Jun 25 at 2016 12:28 PM

2016-06-25T12:28:50-04:00

I am sorry for what you are experiencing in your personal life. However, I agree with the opinion of a few others on here. While it is your unit's job to track you, it is on you to inform them when you move and what you are planning to do to find a new unit. Should you decide you want to stay in the military. On the other hand, I'm wondering why you did not inform them on you planning to move. It's unfortunate because this is a situation that could have been avoided through communication on both parts. You with informing them about your slow healing status and need for relocation and them for letting it drag out this long. I hate to say it but it doesn't look great in your favor because at the end of the day, we are individually responsible for these matters.

Response by CDR Lee Phillips made Jun 25 at 2016 2:59 PM

2016-06-25T14:59:12-04:00

Get some competent legal advice (lawyer)

Response by SPC David Harrell made Jun 27 at 2016 1:58 PM

2016-06-27T13:58:16-04:00

For one if you don't have a DD214 you still need to go to drill. And it is your fault that you didn't. You are what's wrong with the military today. The military trains for combat and humanitarian aid not common sense. Just go to your local police department and they will tell you if you have a warrant. The last thing I have to say is to bad so sad you will probably just get an other then honorable discharge so don't worry.

Response by SP5 Mike Stevenson made Jun 27 at 2016 5:33 PM

2016-06-27T17:33:28-04:00

Too damn funny

Response by SSgt Private RallyPoint Member made Jun 27 at 2016 9:43 PM

2016-06-27T21:43:45-04:00

Article 15 if you're lucky! That's deserter status. Sorry about your loss, but go ahead and face the music. You seem like a good person with an unfortunate occurance. Your leadership really left you hanging

Response by SPC Taylor Foley made Jun 27 at 2016 10:58 PM

2016-06-27T22:58:58-04:00

Correct me if I'm wrong, National Guard gets DD214s like the rest of us... Just cause someone in your leadership said you'll be getting discharged doesn't mean anything. All this could have been cleared up by a couple, if not a single, follow up conversation with your higher leadership (I.e. CO or 1sgt)

Response by CPL Private RallyPoint Member made Jun 28 at 2016 7:11 AM

2016-06-28T07:11:06-04:00

Yes, you can still receive an Article 15. I'm a paralegal and see people go through a Court-Martial for being AWOL a year or longer. This is even when their leadership has told them they will being discharged or separated and you thought you were discharged already. You will have a DD 214 if you are separated regardless of branch of service.

Response by SFC Brad Hanley made Jun 28 at 2016 9:24 AM

2016-06-28T09:24:24-04:00

You have a bad command structure..

Response by SPC Private RallyPoint Member made Jun 28 at 2016 9:56 AM

2016-06-28T09:56:27-04:00

If you were still receiving pay how could you not know you were AWOL?

Response by SFC Jeffrey Gabriel made Jun 28 at 2016 12:40 PM

2016-06-28T12:40:11-04:00

Article 15's can only be given to Title 10 soldiers. I am willing to bet you showed up on a no-val report and someone is getting the butt chewed for it. They can reduce you in rank and discharge from the National Guard. If you are concerned about remaining in good standings with the National Guard, find a unit near you and ask for permission to begin drilling with them. It will be your home unit's responsibility to pay you for drill. They would also have to approve you split drilling with another unit.

Response by SPC Ted Logan made Jun 28 at 2016 1:26 PM

2016-06-28T13:26:41-04:00

Pretty sure this has been resolved one way or another already but for anyone searching for it in the future: (e) Reasonable commuting distance. The maximum distance a member of a Reserve component may travel involuntarily between residence and drill training site, in accordance with § 100.5(b)(1). This distance may be within:
(1) A 100-mile radius of the drill site that does not exceed a distance that can be traveled by automobile under average conditions of traffic, weather, and roads within 3 hours. This applies only to those units that normally conduct four drills on 2 consecutive days during the training year, if Government meals and quarters are provided at the base where the unit drills. (The provisions of this paragraph shall apply only to those individuals enlisting, reenlisting, or extending their enlistments after November 1, 1972.)
(2) A 50-mile radius of the drill site that does not exceed a distance that can be traveled by automobile under average conditions of traffic, weather, and roads within a period of 11/2 hours.

Response by SPC Craig Latham made Jun 28 at 2016 1:38 PM

2016-06-28T13:38:15-04:00

How can you not know you were AWOL?

Response by Capt Dante K made Jun 28 at 2016 3:03 PM

2016-06-28T15:03:58-04:00

This seems like a really good one. It kind of seems like she's trolling you guys.

Response by PO2 Edward Grabow made Jun 28 at 2016 3:53 PM

2016-06-28T15:53:22-04:00

Its Your job to know, Your a big girl now, The day you got sworn in ,nobody was going to hold your hand anymore , By playing this game and throwing your pregnancy into the mix regardless of its relevance to you needing time off in the first place or being the cause of needing more time to recover ( Which happens I'm not saying it's not legit ) You though are still responsible for knowing your status ,Period , This is one of the BIG reasons that Females have had such a difficult time getting accepted into more important and responsible roles, a vast majority of the women in the Military are extremely proficient at their jobs and I back them 1000%. but it only takes 1 or 2 females liker yourself trying to put the blame somewhere else and hope for public sympathy that cause major problems for the others ,Good luck with your Child, I hope you learn to take responsibility and that every thing works out in the end,

Response by SGT Natasha Mossey made Jun 28 at 2016 4:01 PM

2016-06-28T16:01:07-04:00

As a person with feelings, I get it.

As a former NCO.....I mean if you don't have a DD-214. Your not discharged. Plain and simple. If you have not been in contact with your unit for a year, you are AWOL. When you get back you will face punitive action, and most likely be arrested, booked and released to your unit. Just being honest. Now you know what to expect, so do the right thing.

Response by SFC James Rozell made Jun 28 at 2016 4:09 PM

2016-06-28T16:09:31-04:00

You are not this dumb. After 20 years in the military I have seen it all and this is no different. Get off your ass and go face the music. Stop making excuses and take your punishment like a soldier.

Response by 1SG Private RallyPoint Member made Jun 28 at 2016 5:36 PM

2016-06-28T17:36:18-04:00

Ok I'm going to be real with you since I see so many seniors in this sight want to play the week role....were you getting paid??? But let me guess you thought it was just free money???? Hell yea I would max you out and discharge you....you signed a contract you knew the rules...go to who ever you want bottom line is you were absent I am truly sorry for your loss with that said their are thousands of soldiers that deal with hard ship everyday...stop playing the sympathy card exept responsibility and learn a grow from it...

Response by SPC Ronald Bach made Jun 28 at 2016 5:58 PM

2016-06-28T17:58:24-04:00

I was told to not show up to drill due to a MRI result. It was an E5 who gave me that news. After two years I found out that I was still suppose to come to drill. You are not in trouble. Your last direct order was to not come in. You were only following orders. If anyone is in trouble it is your platoon sergeant.

Response by CPL Private RallyPoint Member made Jun 28 at 2016 8:01 PM

2016-06-28T20:01:26-04:00

Yes National guard can get ucmj action to incloud a court martial.
About the medical issue. It is your responsablilty to keep your chain aware and check your status if you did not care to maintain your requirements. then do not cry about the punishment.

Response by SPC Veronica Thomas made Jun 28 at 2016 8:29 PM

2016-06-28T20:29:03-04:00

I feel for you with the crummy leadership. My unit refused to accept that I was pregnant since my paperwork was from a different installation. I had just PCS'd and the new OB scheduled my initial appointment for May when I had arrived in February, already being 20+ weeks pregnant. The new unit kept at me, having me do PT with them etc. They were preparing to deploy within months so it was pretty harsh on everyone, not just me. I went into preterm labor and my daughter survived for 13 days. After I came back from leave my acting 1SG and acting Commander spent every day telling me how I deserved for my baby to die, it wasn't a real baby, just a miscarriage, etc. They tried to say I wasn't allowed con leave because it wasn't a real "birth", even though she was delivered alive and naturally. They said the 6 months recovery time only was for women who had real babies. They sent me to mental health and demanded I have them sign off saying I could deploy. The doctors said no, she had a loss, she needs to see someone and take medication for depression. They took the medication and told me if I took it I would be slapped with an Article for "malingering". Of course nothing was wrong with me, I had to take my first child off life support and watch her die in my arms. They kept me on every detail they could for months and treated me so poorly I was ready to quit life. Another unit took me and I ended up being Mission Essential and one of the best they had in the Brigade HQ S6.

Response by SSG Fernando Ramos made Jun 28 at 2016 10:28 PM

2016-06-28T22:28:34-04:00

In sorry if this hurts but right now I think I should call you PVT because I'm pretty sure your unit took care of that a long time ago been that you have been no show for a year, and as I see it you will be move to the IRR until completion of your term and be bar for reenlisment. My suggestion to you is, show up ASAP, take the big hit that is coming your way and try to recover back again demonstrating to your command that you can be trusted again and that your reliable to the unit success so they can consider lifting your bar for reenlisment and allow you to continue with you career. I wish you good luck and I hope you have a very understandable chain of command to help you on your journey.

Response by SFC Private RallyPoint Member made Jun 28 at 2016 11:54 PM

2016-06-28T23:54:14-04:00

Slowly turns, and walks away from thread.

Response by Ashley Davison Burton made Jun 29 at 2016 12:17 AM

2016-06-29T00:17:53-04:00

Well I would let them know that your former readiness nco told you that you were being discharged. I mean did you get any discharge papers? as a former soldier in the army I myself got discharge papers when I was being discharged.

Response by SFC Mathew Henderson made Jun 29 at 2016 1:32 AM

2016-06-29T01:32:21-04:00

Yes you can, it's not about malicious intent, but about responsibility.
You may be able to get a reduced punishment based on the circumstances, but an AR-15 is nothing compared to what the UCMJ says you should get.

Response by SSG Mark Franzen made Jun 29 at 2016 2:13 AM

2016-06-29T02:13:10-04:00

I would think if you were having problems i would have gone through a Chain of command and see if they would have helped you not go awol that wrong choice you have think before you do. SO YEAH WILL HAVE A PAY FOR THAT mistake.
CHANGE OF COMMAND ITS IMPORTANT TO LET KNOW STARTING WITH SEC SGT and go up good luck.

Response by SFC Private RallyPoint Member made Jun 29 at 2016 7:33 AM

2016-06-29T07:33:53-04:00

Your an idiot and this is a lame excuse. You in-processed and have seen others out procces. You knew it did not just happen without you doing anything. Seriously you are beyond stupid!!!!!!! You deserve the Art 15!!!!!!!

Response by SPC Tim Bean made Jun 29 at 2016 9:12 AM

2016-06-29T09:12:37-04:00

Depending on the RE code they give you, you can re enlist. If you are discharged from the Natuonal Guard- there will NOT be a warrant- because it goes off of MUTAS missed (which 9 missed MUTAS get you discharged automatically: 2-3 MUTAS per drill weekend). However, Prior to the discharge they are required to send you a packet in the mail (45 days after the discharge is complete). In that packet you can select a upgraded discharge (this is a requirement for your situation). At most you will receive a LTH however, if you get the packet- you can select a general discharge send it back, and in 6 months re-up without a waiver. If you don't receive a packet you will receive a re-3 which requires 3 letter of recommends from ANYONE to reenlist.

Response by SGT Brian Van Asdall made Jun 29 at 2016 10:31 AM

2016-06-29T10:31:45-04:00

Crappy leadership sure, but did you have a DD214 in hand before deciding to move two states away? Now, I was active duty and not National Guard, so I'm not sure what the clearing process for you would have entailed. When you are active duty, you work full time as a soldier, and don't go home for weeks between drills, so it's a lot less confusing. But if you just took a single NCO at their word that you were being DISCHARGED from the military and moved away with no paperwork to prove it...that's entirely on youl

Response by Capt Tom Brown made Jun 29 at 2016 11:49 AM

2016-06-29T11:49:24-04:00

SPC(P) Delcina Myers Has this situation been resolved since first posted back in January. Hoping you were able to get a fair resolution.

Response by SPC Private RallyPoint Member made Jun 29 at 2016 5:44 PM

2016-06-29T17:44:21-04:00

How are you still getting paid if you were discharged.

Response by SSG Private RallyPoint Member made Jun 29 at 2016 7:26 PM

2016-06-29T19:26:35-04:00

Hmmm You say you dont want to lose your pay. So that kinda gives an indicator that you knew you were still on the books. Sounds fishy and unlikely to me. Wish you the best of luck.

Response by MSgt John Butcher made Jun 30 at 2016 6:32 AM

2016-06-30T06:32:38-04:00

SPC I'm not sure what state your from but there is a state statue that would be similar to an article 10. Your old unit probably began sending out Letters of Counseling certified mail to your old address. Once you missed 9 UTA's (3 I/2 months) the unit can discharge administratively for any number of reasons: AWOL being one. You should talk to a JAG and get advice from them.

Response by SPC Ray Hicks made Jun 30 at 2016 3:57 PM

2016-06-30T15:57:09-04:00

It seems to me that you do have a multitude of special circumstances surrounding you . One thing that is definitely working against you, the time you remained un accounted for (one year) without making contact or even attempting to do so?? .At this point you need to contact the nearest base JAG. On several occasions I was in trouble, one time stateside I managed to secure a 3 day leave with several buddies to drive from Ft Rucker, AL. to a 3 day pop festival at Baton Rouge speedway in Fairysville ,LA . our beat up car required 7 quarts of oil 3 push starts (being an automatic) a vehicle we had to give up on and ditch at a Howard Johnson restaurant. We ,all 7 of us found our way back to base on foot by different means hitch hike, or bus . When I arrived back at our units orderly room to sign back in. the soldier on duty tried to put me down as AWOL for technically 5 to 15 minutes late. I was able to talk my way out of that one . I guess the soldier on duty was more jealous of the fact that he couldn't go. After Mother Rucker I was sent to Ft. Wolters for Warrant Officers flight training. Part of that training was Military law ( UCMJ) for command and Control of enlisted personnel under me ie: my crew. Later in Vietnam (an actual war zone at that time being 1969. My Company commander,a former CID (Criminal Investigation Division CO a Major ,who was in his 50's , married with kids back stateside was running a prostitution ring. Who was making an offer to the "mammasan" in charge of our hooch maid that he would give her 2 to three dollars more out of our pockets each if "Babby San" (who was about 14 or 15) would stay with him /sex at nights every night. little baby san was like a little sister to every enlisted man in our company needless to say I had a word with men aside from the Maj. I decided the best way we could collectively ,deal with this problem, was to petition him with a signed petition stating to fire all our hootch maids to prevent this SOS (Sack Of Sxxt )corrupt old man sexual predator / Human trafficking. Well once he got word of our intended action. I was called into his office. first he accused me of mutiny in a war zone ,which ..according to him, was punishable by death by firing squad. I stood squarely at attention before him.. as he "threatened" me with Article 15 ( which is only can be a means of to be used as attempting make me comply with his will . I remembered my training in mil law I replied looking hin straight in the eye and replied : " Fxxk you...sir" and refused to accept his Article 15 , the look on his face as he looked up with the glare ,the look on his face...truly" priceless" , which you have the right under the Uniform Code of Military Justice to do . He being a Major was well aware of my rights . but he was thinking more with his Johnson than his brain. ,but in refusing the disciplinary action which is reserved only for Company Commanders . but he is allowed to follow up with a stiffer threat . which he did citing my petition comparing it to an act of Mutiny and was ready to bring me before what is called a "general court marshal " which cannot be refused an carries stiffer punishments.
Thus confrontation carried all the ingredients of an "old west" saloon poker game complete wit the verbal shoot out between us. ...After all the whole war zone mutiny firing squad fear trip he was trying to lay on me. I came back at him ..shot him down with one statement ...." Sir !, when I'm done with you (pause) , your wife wont even want to talk to you". ................
,,, called his bluff KABAM!!!!
One Shot one kill" I should have been a recon sniper.
needless to say , I put in for a 2nd tour/ transfer to the DMZ Quang TRI it was approved n there I remained till the last days of the war. with 23 Russian tanks and God knows ,how many NVA approx. 5 miles away well staged and ready to invade n I was one of the last 8 who volunteered to remain and train counterparts. (321st Avn det ,165th Avn Bn /1st AVN brigade. By the time my 3yr hitch was up I had lived next door to ADM "Bull Halsey,met Gen Westmoreland , aided in the rescue of a little VN girl who stepped on a Vietcong landmine prevented a hamlet/village Long Than from getting overrun ,read the riot act to a general over the phone during the attack that night. survived an ammo dump explosion (suicide bomber) Quang Tri .
the army finally offered me OCS...a decision which I somewhat at times regret.
I hope this will help you arrive at the "Right decision, politics media have changed the military since we parted ways. contact a J A G explain your case express your fears and desire and willingness to return... and above all ,... be honest, honest with your heart trust in God ,be strong. the comparison to Berghdal comment: his actions in my opinion is flat out "desertion" and should be offered last words and a blind fold but that is another story.

Response by SPC Mark Ballew made Jun 30 at 2016 10:36 PM

2016-06-30T22:36:46-04:00

As a former Army Paralegal who served on AD and in the Reserve's I can tell you with 100% certainty that they cannot arrest you for AWOL

Response by SGT Stacy Martin made Jun 30 at 2016 10:53 PM

2016-06-30T22:53:31-04:00

How on God's green Earth did you think you were out if they were still paying you. I'll call you out on it, you're full of it.

Response by MSG Catherine My made Jun 30 at 2016 11:23 PM

2016-06-30T23:23:46-04:00

If you thought you were out of the military, why would you be continuing getting paid??

Response by CW2 Luke Walsh made Jul 4 at 2016 10:43 AM

2016-07-04T10:43:36-04:00

"told me that I was being discharged (In April)" The way it reads by then discussing December I will go with it was 2015.

"I waited a long time to get E4, and I don't want to lose it, nor my pay because I'm hurting as it is. "

HOW DO YOU GET PAID IF YOU WERE DISCHARGED!!! If you are still getting a paycheck and she knows she has been, then you are still in the NG.

Response by Lt Col Brett Meyer made Jul 21 at 2016 3:53 PM

2016-07-21T15:53:59-04:00

Not quite sure where to start here............ I do think though that you might have to take the (P) off your signature block.

Response by Capt Tom Brown made Jul 24 at 2016 4:39 PM

2016-07-24T16:39:01-04:00

SPC(P) Delcina Myers realize I asked this before but I am sure many people who commented on your concerns genuinely hope things worked out and we properly resolved in your situation. Pls update the group if you are able and let those concerned know how you're doing. You may have some insights to offer others who find themselves in a seemingly no-win situation.

Response by SSG Mark Franzen made Aug 11 at 2016 1:15 PM

2016-08-11T13:15:50-04:00

YOU SHOULD HAVE TALKED TO YOUR PLT SGT AND IF NOT THEN TO YOUR PLT LEADER FOR SOME HELP. IF NOT GO SEE THE FIRST SGT BUT BY GOING AWOL WAS THE WRONG CHOICE THERE IS ALOT OF HELP CHAPLINS AND MORE.

Response by SGT Gary Vaught made Sep 30 at 2016 11:18 AM

2016-09-30T11:18:19-04:00

If you thought you were discharged then why would you think you still get paid???
After discharge your no longer get paid and as far as rank you don't wear your stripes anymore...

Response by SGT Anna Kleinschmidt made Jan 18 at 2017 8:15 PM

2017-01-18T20:15:20-05:00

My head hurts contact JAG yesterday

Response by Sgt Dale Briggs made Apr 7 at 2017 11:19 AM

2017-04-07T11:19:44-04:00

I'm lacking understanding here. Your responsible for you that's true on any person in the military. There is no telling you thing here, it's about the paperwork that's signed and in your hand. It's your responsibility to take care of you, but I think there was also a leadership breakdown. Didn't anyone there think to check on you given yiur circumstances? If you were discharged you would have paperwork saying so, so that's pretty simple.

Response by TSgt Tommy Amparano made Apr 7 at 2017 11:37 AM

2017-04-07T11:37:24-04:00

Sorry what happened to you, but it is ultimately your responsibility to make sure you are squared away before not showing up to duty anymore. Normally when any type of administrative action is taken in the military, there is paperwork involved. Until you get paperwork saying that your are discharged, I would just not take someone's word for it. As for no Article 15s in the National Guard, you fall under the UCMJ so everything in Active Duty applies really.
As for finding out if you have a warrant, I would just contact your closest military installation. Apparently you can also surrender yourself to civilian law enforcement authorities. https://www.gpo.gov/fdsys/pkg/CFR-2004-title32-vol4/html/CFR-2004-title32-vol4-part630-subpartG.htm

Good luck to you.

CFR-2004-title32-vol4-part630-subpartG.htm

Response by SSgt Michael Cox made Apr 7 at 2017 1:24 PM

2017-04-07T13:24:58-04:00

Your military career is always your responsibility. If you had any medical problems making it so you couldn't drill it was your responsibility to contact your First Sargent to let him/her know whats going on. Another thing is if the Army was going to discharge you, you would still have to come to post to sign paperwork acknowledging that you were being separated. Like others have said punishments may differ but most likely you will receive a bad conduct discharge.

Response by Sgt Justin Vickers made Apr 7 at 2017 2:16 PM

2017-04-07T14:16:43-04:00

I am very sorry you had a miscarriage. Now that being said, one of my many talents is detecting lies...you are lying. Your story does not make sense. I would advise contacting JAG and asking for representation because it sounds like you are fixing to be cross trained into making little rocks out of big ones...as you deserve. Ignorance is never an excuse...

Response by SGT Rick Toole made Apr 7 at 2017 8:23 PM

2017-04-07T20:23:43-04:00

Well, the National Guard doesn't always stay on top of things. I myself was in the Florida National Guard. I went active duty from the guard. 5 years later showed up on the blotter "AWOL". was called out of formation. Well, lets just say the whole battalion had a laugh. Supposedly I had been "AWOL" for 5 years. No flags, nothing. Just out of the blue. Maybe a little different then your case since my transfer was command approved but, The ball was definitely dropped somewhere.

Response by TSgt Private RallyPoint Member made Apr 8 at 2017 9:13 AM

2017-04-08T09:13:59-04:00

The worst part of prison--was the dementors.

Response by SPC(P) Delcina Myers made Apr 16 at 2017 8:22 PM

2017-04-16T20:22:06-04:00

To all:

For the responses on sympathy: thank you.

To clear the air for everyone else: I was not, say again, was NOT receiving pay of any sorts while "AWOL". I had the miscarriage in January at 14 weeks gestation, showing 18 weeks. For those who aren't accustomed to female anatomy, it takes roughly 6 weeks for the uterus to shrink back to original size, body functions "normal". The fact that I had lost so much blood in the first few hours, along with the grapefruit sized tumor on my uterus, which caused my miscarriage in the first place, and slowed healing even more. I want fit for duty, even to walk long distances, standing, etcetera, until my "inners" was back to pre-pregnancy size. During this time frame, I did try to communicate with my TL, I sent him my paperwork, and I thought all was good. By the time I was cleared for duty, that is when I was told I had been discharged. Come to find out, that was meant for someone else, whom I looked alike and sounded alike. I didn't move two states away until September. That's roughly 5 months, and during that time frame I had seen my platoon Sergeant, and he didn't say a word about my being absent. I believe he told me that the week I had moved, he came back to my work (waited on him at a local sports bar) to infirm me I was still on their roster. To late, oops. I did have mail forwarded, so anything that could have been sent out would have eventually found me. Nothing was sent. Honestly, I'm glad the new TL found me on facebook, and the threats worked. I traveled twelve hours to go to drill once a month, I had a good job, good income, I could afford it. September of last year, my new readiness NCO offered me to do an IST, since October I have been attending drill at a unit close to me, have gone through a lot on dental work to get transferred (had dry socket... Egh!) but I'm finally in my new home. If anyone else has any questions, please send me a message, I'll be happy to explain further.

The outcome of my AWOL, my commander tried pulling the discharge papers that were actually in the system at state, and it was a success. She had no idea what had happened to me, I had all documents with me, made copies for my "file". Although I wasnt looking for sympathy when I was giving my "testament" in front of her, top and my TL, and looking for a second chance, I was relieved when she fought for me. I will forever be grateful to her, now I hear she's a MAJ. I have 2 1/2 years left of this contract, and trying my best to deploy before its up. Any more questions, please message. It's simpler.

Response by SFC John Hatton made Feb 4 at 2018 11:09 AM

2018-02-04T11:09:05-05:00

How would you not know?

Response by SFC John Hatton made Feb 12 at 2018 8:39 PM

2018-02-12T20:39:36-05:00

You are an Army Reservist. Find a unit near, drill at that unit. You have moved out of state, the have to do the transfer. Article 15, no that guy is nuts, call your old commander directly and explain your situation. You have 90 days to find a unit and RST. Send the 1380 to the losing command along with a DA 4651 request for reassignment. Be calm, your going to be okay. Note: If you are National Guard the paperwork is different but the process is about the same. Contact the NG HQ for your state.

Response by CW4 Anthony Carbo made Apr 10 at 2018 5:34 PM

2018-04-10T17:34:18-04:00

I would highly suggest before you do anything else get a hold of you State Judge Av Office and tt them. GOOD LUCK.

Response by SPC Lorrita Morgan made Apr 10 at 2018 5:40 PM

2018-04-10T17:40:52-04:00

I can't speak to National Guard or Reserves, but I got an Article 15 for being in the hospital and not informing my unit while in USAEUR. Didn't matter that I had a 105F fever at admittance and was unconscious for 2 days. OR that Wuerzburg Army Hospital neglected to inform my unit. I did NOT inform anyone in my chain of command that I was going to ER. I didn't even tell my roommates.

You have to be dead to not report. YOU needed to show up or at least make a phone call once a month.

Response by COL William Oseles made Apr 10 at 2018 7:45 PM

2018-04-10T19:45:19-04:00

When you did not receive a discharge you should have checked.
I would suggest you call the Commander and ask what is going on.
Question, do you still have your military ID?
885. ARTICLE 85. DESERTION
10. Punitive Articles
(a) Any member of the armed forces who–
(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;
You thought you were being separated which would make it AWOL. Question is how much contact did you have with your unit between January and August? IF you were being carried as AWOL he had a responsibility to tell you.
AND, since you said you did not want to be discharge, what steps have you taken to find a new unit where you moved to?

Response by SGT Thom Knott made Apr 16 at 2018 12:12 PM

2018-04-16T12:12:26-04:00

The key element in your argument, by your own admission you are still being paid. Common sense dictates that a huge red flag was there and either you thought that you were mistakingly recieving pay or you knew that you were missing drills. Both issues show tour lack of responsibility to manage your separation. In my opinion, you pay the government back and get immediately discharged.

Response by CPT Gurinder (Gene) Rana made May 10 at 2018 9:26 AM

2018-05-10T09:26:28-04:00

I don't have a clue how one can be AWOL for a year without knowing it, unless that person was taken hostage without knowledge and kept away for a year, but then the Command should have been aware of it. Okay; too confusing.

Response by CPT Gurinder (Gene) Rana made May 10 at 2018 9:39 AM

2018-05-10T09:39:27-04:00

Apologies for my previous confused remarks SPC(P) Delcina Myers.

For one; your Command has no right to discharge you for being absent due to a miscarriage - shows insensitivity on the part of your Command and lack of compassion.

After you didn't arrive at drill, did your Command try and contact you or even send someone to check on you, perhaps? If not, you Command cannot punish you without the facts. An Article 15 without trial is absurd.

After 12 months your Command contacts you and orders you to report for duty; something smells fishy here and can't be good, in my opinion. However, you can't avoid your Command.

Your option is to take the trip with medical records of miscarriage in hand and meet your leadership. If they give you an Article 15 then, inform your Command that you intend to fight it. If your Command wants to board you out then, ask for legal counsel and fight it out. However, never allow fear to get the better of you in this battle girl. Fight for what you know is right.

Response by CPT Gurinder (Gene) Rana made May 10 at 2018 9:51 AM

2018-05-10T09:51:34-04:00

Although I agree with CMSgt Private RallyPoint Member, there is a word called compassion. After a pregnant female loses her child to be, she goes into a state of depression where nothing is more important. In the military, this depression is seen as a mental issue, which it is not. I am not a doctor, but sickness or losses can affect our thought process. I believe this is what has transpired.

On the other hand; not informing the Command and the Command not caring to find out how you are or where you are for a year is completely alien to me. Jacked-up Command is apt, but the Specialist is not without fault either.

Meeting the leadership and explaining the situation and the misinformation received might save her career in the NG, but she must transfer immediately thereafter.

Response by PV2 Private RallyPoint Member made Nov 29 at 2018 6:28 AM

2018-11-29T06:28:33-05:00

Lovely

Response by SSgt Jeanne Wallace made Jan 8 at 2019 1:34 PM

2019-01-08T13:34:39-05:00

check your old mail/email /did you ever tell any one else about the situation?did any one ever send you a form 22?did you ever sign any thing stating your change of address? did your doctor forward your medical records to the unit? all kinds of questions not alot of information here

Response by LTC Private RallyPoint Member made Jun 4 at 2019 2:30 PM

2019-06-04T14:30:46-04:00

this just popped back up on my feed. Anyone know whatever happened with this situation?

Response by CPL Jesse Rader made Sep 9 at 2019 5:26 AM

2019-09-09T05:26:53-04:00

It sounds like you have everything squared away now. I’m sorry for your loss and let me tell you as a Team Leader it bothers me that yours never reached out to see how you were doing. Obviously we don’t know everything. We only know part of your side but your unit should have reached out after the first drill you actually missed. You in turn should have been in contact with someone from your unit. Always keep in contact with your unit. It should be easier now that you are in a unit you fit in better with. I don’t know what kind of MP unit you are in but you know the UCMJ and what could’ve happened here. I also understand that you were physically and mental not in a good place. I was injured within two months of being in theatre and stayed with my unit which was horrible then but I’m really paying for it all now. I was barely able to make my 6 years but couldn’t re-enlist. I’m lucky if I can stand up. Im dealing with not only physical injuries but PTSD, depression, and anxiety. You have a responsibility to your family to get healthy so take care of yourself. The military loves paperwork and you make sure you keep a record of everything for yourself. Good luck with the new unit! If you didn't ETS be a better NCO than yours were to you!

Response by SPC Private RallyPoint Member made Nov 13 at 2019 1:42 PM

2019-11-13T13:42:16-05:00

My question is: Were you still receiving pay and benefits while you were under the impression you were discharged? I’m sure you would have noticed if that paycheck was/wasn’t being deposited every month.
I’d you weren’t getting paid you can use it to your advantage that you thought you were discharged, if you were getting paid you don’t have a leg to stand on unfortunately.

Response by SGT Chris Cullipher made Nov 13 at 2019 2:40 PM

2019-11-13T14:40:38-05:00

Hey sorry but there's a process to get out of the arm. You knew that, theres no freaking way you didn't..your on your own here and I'm sorry to say you knew what you were doing and were going to use this miscarriage to get out..

Response by SSG Private RallyPoint Member made Nov 13 at 2019 2:51 PM

2019-11-13T14:51:41-05:00

Your pay? Were you still receiving pay? If you were I don’t know would think that, also how you thought that someone words = a discharge with no documentation.

Response by SGT Tom Carlson made Nov 13 at 2019 3:09 PM

2019-11-13T15:09:01-05:00

So you have not been going to drill nor AT but still drawing pay? Moved away without telling your unit? I am having a hard time being sympathetic.

Response by MSG Private RallyPoint Member made Nov 13 at 2019 10:03 PM

2019-11-13T22:03:32-05:00

HMMMMMM sounds like You have a problem keeping up communications with your unit and superiors. The problem is with you, HOUAH

Response by SFC Private RallyPoint Member made Nov 13 at 2019 10:23 PM

2019-11-13T22:23:06-05:00

first of all, If you as a soldier fail to notify your COC then you are at fault. Second, if you wish to continue your service take a reduction in rank and speak to commander about this issue of remaining. Third, request a interstate transfer to a unit that will accept you and within driving distance. Look at your states annotated code it will outline the items you are in search of. remember you are in control of your career there are four things that you have total control : 1: pt, 2: weapons qual, 3; education ( correspondence courses, and SSD or DLC whichever you know them as.) 4; attendance. I'm gonna tell you from experience it is ALL up to you. after your miscarriage ( which I am sorry to hear about) you needed to be in contact with COC.
Good luck in your future endeavors with this unit or others. remember ... communication is key

Response by SrA John Monette made Nov 14 at 2019 8:08 AM

2019-11-14T08:08:49-05:00

i can only speak to the warrant part of your question. contact your local law enforcement agency and ask them if there is an active warrant for your arrest. if they can not/will not help, contact the MP unit at your former drill location/base. don't disclose any more information than is absolutely necessary to validate the warrant information.

Response by 1SG Private RallyPoint Member made Nov 14 at 2019 10:36 AM

2019-11-14T10:36:37-05:00

You are in the Guard and cannot get an Art 15. It falls under what state NG regulations you have. I live in Texas so we have TCMJ for NG. You can be punished under your state regulations. You need to find out if an AWOL packet has been submitted and if it is too late to try and clear it up.
Second, RDNCOs are notorious for giving out bad info without talking to their 1SG and CO first. Trust me since I am a 1SG.
Third, you need to ask your first line leader to talk to the 1SG and Commander to figure out what they want to do. If you are able to be retained then you need to tell them that is what you want to do and then ask for an Interstate Transfer and you need to find a unit closer to where you live. First you need to find out if they are going to discharge you first.
You have an obligation to the Guard. However, I see things like this all the time so it is not that uncommon. You need to be honest and open with your chain of command and tell them you want to be retained.

Response by TSgt Julie Miller made Nov 14 at 2019 11:11 AM

2019-11-14T11:11:10-05:00

First off, whether you are active duty, guard or reserve it's your duty to know the regulations and your status. Get back to base and sort this out. Unless you signed paperwork to leave your duty and post you are still active on the roster, something you should already know as an E4. Yes, you should have been told the hard facts before this, but I question the moving two states away without either transferring to another guard unit or separating.

Response by PV2 Morris Graham made Nov 14 at 2019 1:53 PM

2019-11-14T13:53:37-05:00

Sounds like you should have went to commanding officer in first place. Can't always trust a noncom.

Response by SSG Private RallyPoint Member made Nov 14 at 2019 2:02 PM

2019-11-14T14:02:06-05:00

There are so many questions surrounding this whole story.....
You never showed up because of the pain due to a miscarriage. My condolences first off.
* Who gave you permission for a year to not come to drill?
* Is it in writing?
* Your Team Leader, Squad Leader, Platoon Sergeant, First Sergeant, etc never contacted you at any point to say “Hey what’s up? Where have you been?”?

Let alone that it never occurred to you that you probably need to contact someone and tell them about what’s going on for a year?
Why weren’t you marked down each drill as a U, and why the hell was someone paying in the first place?
Is your unit that jacked up that they just decided to pay you for an entire year even though you were never there? I mean really, I don’t get paid by anyone for not doing a job or not showing up to drill. Is there some loop hole I’m missing out on here?
I’ll end this comment with this, you can’t be arrested for going AWOL in the National Guard, unless you were on Active Duty Orders. Now the hard part with that is that your unit fucked up by paying you for Annual Training even though you weren’t there. And you spent the money knowing you weren’t there. And I’m sure someone has made the Chain of Command award of this situation and someone’s ass is in some hot water. And they are doing anything they can to cover theirs. Now I don’t feel sorry for you. And whatever comes of this is well deserved. But I would be speaking to JAG and also make a formal complaint with IG. As far as complications with your miscarriage lasting a year, I’m straight up calling you a liar. Because I’m sure that somewhere in between all that time you were still out having fun, doing shit with friends, etc. at the very least you should have still shown up for formation, then had your chain of command excuse you for drill. Or they could have had you on profile and not doing shit for the whole weekend, but still had you present.

Response by CPT Craig Mathison made Nov 14 at 2019 2:42 PM

2019-11-14T14:42:12-05:00

You knew from day one that you were obligated to go to drill one weekend a month. You don't just "forget" about it. You were AWOL from your drills end of story. Don't try to shift blame to your unit when you know that you are required to go to drill and are obligated to inform your unit of any change in status be it address, medical, or employment. Did you think that you just quit by not showing up to drill? You're an E-4 not a newly minted recruit. It's your fault own it.

Now with that said. I agree that your platoon leader should've let you know when he saw you and your unit should've been already trying every avenue to track you down. Since the ARNG is governed by State law and Federal law, yes, the sheriff's dept can track you down. However, that rarely, if ever, happens. They have got more important things to do than babysit national guard troops. You said that you are 12 hours away from your nearest unit? If so, you can request a discharge and/or be placed on IRR for the time until you move closer to a unit, if ever. If not you'll just discharge at the end of your IRR.

Response by CPT Robert Holden made Nov 14 at 2019 2:53 PM

2019-11-14T14:53:59-05:00

Even if your in the reserves how can you not know if you’ve been discharged ?

Response by PFC Jennifer Grumbles made Nov 14 at 2019 3:21 PM

2019-11-14T15:21:30-05:00

Response by MAJ Richard Cheek made Nov 14 at 2019 3:37 PM

2019-11-14T15:37:41-05:00

Well in 1972 I was in the Guard after being in the Regular Army for 2 years. I decided to re-enlist in the regular army. The recruiter filled out all the paperwork sent it to division to discharge me from the Guard. I re-enlisted and reported to Ft Campbell. My first pass that I could get home to turn in my TA50. When I went to the armory everyone said I was AWOL. Seems Division did not inform my unit. I was lucky the paperwork arrived that weekend to my NG Company.

Response by MSG Private RallyPoint Member made Nov 14 at 2019 4:23 PM

2019-11-14T16:23:32-05:00

First of all, then entire first paragraph of you question is completely wrong. If you didn't heal fast enough, then you get a doctors note (I see you are NG) with the injury/illness and prognosis. It's clearly outlined in the regulation. Secondly, you're in the National Guard, they don't arrest you! If you do not show up, you will get a Unexcused Absence letter in the mail (assuming YOU took the effort to update your address with your Unit Administrator, which I'm assuming you did not).
Then you moved (YOU MOVED) nobody moved for you. LOOK AT YOUR CONTRACT. It clearly states that YOU are required to find a new unit if you move.
All of this could be prevented if you simply read. I'm really baffled with the questions on this forum.
Just because you are in the NG does not mean you are exempt from UCMJ, yes you can get an Article 15.
People keep bashing leadership.. guess what, if I don't know where you are after trying to contact you (it's evident that someone was looking for you because the finally found you on FB) this is not a leadership issue. This is a Solder who fails to look up a regulation herself issue then try to blame others. We are adults, she is grown enough to have children.. open a regulation. Be responsible.

Response by SPC David Giffen made Nov 14 at 2019 5:46 PM

2019-11-14T17:46:28-05:00

The thing is your are not out of the Guard until discharge orders are cut and a NGB Form 22 is filled out.

Response by PO1 Michelle Loving made Nov 14 at 2019 6:09 PM

2019-11-14T18:09:51-05:00

You should be able to call the authorities and ask about the warrant or whatever. I would call and talk to your command E9 (I don't know the title they have in the Army) or CO what is going on. Or call our local reserve office and talk to them.

Response by SGT Floyd Yates made Nov 14 at 2019 7:08 PM

2019-11-14T19:08:54-05:00

if you knew you was going not be at drill you should have called your first seargent and yes you can get can get wrote up and a article 15 if they push it I served 25 years only seen 6 article 15 inforced it is up to them it has got to easy in the guard today the first sergent can take your rank if it is severe when you get sergent it will take a captain to bust you it was your responsibility to kept them informed don't depend on other people

Response by SGT Floyd Yates made Nov 14 at 2019 7:11 PM

2019-11-14T19:11:45-05:00

you choose to drill you should have transferred to another unit closer it is you job to stay in touch with your unit they are not your parents yes you can get reduced in pay grade

Response by Cpl Rc Layne made Nov 14 at 2019 7:20 PM

2019-11-14T19:20:48-05:00

Appointed place at the appointed time sound familiar?

Response by MAJ Eric Sims made Nov 14 at 2019 10:35 PM

2019-11-14T22:35:50-05:00

well that sucks for you and your leadership
You are right!! They shouldn't have to resort to a ploy to get you to do the job you enlisted to do.

Response by CPT Lawrence Cable made Nov 15 at 2019 12:32 PM

2019-11-15T12:32:57-05:00

First, neither you Readiness NCO nor your Squad leader have the authority to any of the things you mentioned. As a first step, I would request an Open Door with the 1st Sgt and the Company Co. and get the information straight from them. While you can be given the State equivalent of an Article 15 on drill status, I have never seen anyone arrested for missing drill. The only questions I would have is did you notify your chain of command of your medical conditions and do you have documentation from a doctor on it? How many drills did it cause you to miss? In any case, talk to the CO, bring any documentation you have, and request help in finding a unit in your new location. A good part of that last will be on you to contact the Guard in the new state and find out what they have available.

Response by COL John Power made Nov 18 at 2019 7:44 PM

2019-11-18T19:44:17-05:00

Thanks for the update. I am sorry for the distress this caused you and all you went through. Having been an IG for the National Guard, I'm not surprised. There are lots of "leaders" in the Guard that aren't really that attuned to military leadership and taking care of their troops. They often think more like civilian employers and want to punish you for not showing up for work without regard for the circumstances. It sounds as if you finally got it sorted. My advice to all is that when the bureaucracy has obviously gotten it wrong (and they never admit it) go to the IG. Their job is to sort this kind of stuff out. And to those who correctly pointed out the mistakes made, don't forget that when you were a young, and particularly part-time soldier, you didn't have the knowledge of the system or the resources t chase it down. You rely on the 1SG, Admin NCO, Platoon Sergeant to sort it out. When they fail you, you don't have much of a chance. Use the IG. They are pros and senior and will make sure the system does right by you. Good luck with the beautiful new baby and your life as a proud NG soldier. I, like you, am a soldier for life!

Response by SSG Tom Montgomery made Nov 19 at 2019 2:37 AM

2019-11-19T02:37:36-05:00

Are you aware that any change in duty status requires orders? If you were discharged, you would have had orders. I hate to say it but I think you are trying to play the system.

Response by COL Private RallyPoint Member made Nov 19 at 2019 5:49 AM

2019-11-19T05:49:22-05:00

Ok, the first thing is that your platoon sergeant should have been calling you to tell you what was happening. They told you that you were being separated, but did you actually receive something official like orders or a discharge? If not, then you are still in the NG. You need to go there and get this straightened out. The best way to do that is by being there. There is a systemic failure of leadership here, from platoon sergeant all the way through. Anyway, yes you can get an Article 15 for this. IF they try to give you one, appeal all the way up the chain. Then, you have to make a decision about whether you want to stay in the NG. If you do, then I suggest that you find a unit in your new state and transfer to that unit.

Response by CPL Steve Freeman made Dec 18 at 2019 10:31 PM

2019-12-18T22:31:26-05:00

Maybe, and I'm just spit balling here, but MAYBE you shouldn't have moved so far from your unit. Orrrrr...MAYBE you should request a transfer to a unit much closer to you. The Army didn't move away. You moved away so it's all your fault, not anyone else's. Take responsibility for your actions.

Response by CPL Steve Freeman made Dec 18 at 2019 10:35 PM

2019-12-18T22:35:39-05:00

And how the hell do you not know that you've not been to your unit in a year? It seems like GROSS negligence and GROSS irresponsibility and GROSS ignorance.

Response by MSG Robert Reiser made Jan 16 at 2020 10:25 PM

2020-01-16T22:25:31-05:00

Talk to your state JAG office and they may be able to hope. Best of luck.

Response by CPT Olen Ridling made Jan 23 at 2020 5:37 PM

2020-01-23T17:37:19-05:00

Hope you got something in writing or recorded.

Response by PO1 Anthony Sam made Jan 26 at 2020 5:33 PM

2020-01-26T17:33:08-05:00

Good for you glad it went your way

Response by SFC Freddie Porter made Mar 15 at 2020 4:24 PM

2020-03-15T16:24:06-04:00

I’ve tried to go back a while and read the threads on this. I did not see anyone address the real problem with the Guard and Reserves when it comes to this subject. That problem is; it’s all a numbers game. Let me explain.

Every reserve components unit is evaluated on their strength and deployability at least once a year. This establishes the money allocated to the units for training and deployments. If a unit is below a certain percentage, that unit is considered non deployable and thus not considered an asset until the numbers come up. Money and pride. Units regularly hold on to unsatisfactory performers to show the unit is above the percentage of strength required. Poor leadership will play the game played on this soldier to try to preserve their year end strength level. An unsat is routinely defined as someone who doesn’t show up for nine drills; one drill is a four hour block so for one weekend, you receive 4 drills which equates to four days pay. Thus, two months absence plus a third months opening absence and you can be listed as a unsat performer. In a good unit, that third month would automatically trigger a transfer to the IRR for a RC soldier which for a State Guard unit would generate a discharge of some type. Each State’s Guard is an independent organization of the State and thus your membership is in the State of ... National Guard with duel membership in the federal Army Reserve. The guard, a stare organization, can discharge a soldier from the state guard and that soldier, if still within their initial 8 year contract, will be reassigned in that discharge status to the IRR. Absent something significant, that model is routinely followed. In many units, an analysis of the number of unsat a unit has can show a poor leadership ability In a unit a cause leadership to be relieved.

From there, the soldier can go to a recruiter and request a transfer from the IRR into another reserve unit after an interview with the accepting unit. Once assigned, the soldier is on the path to a honorable discharge or, a full career. (I believe the the general dIs charge is nullified at the end of the soldier's contract and a DD Form 214 will only show last period of service). The people that this hurts is the recruiters (as well as the individual soldier). A recruiter can only recruit against current vacancies. By retaining non performers, recruiters are limited in their options when interviewing people for a reserve/guard unit. They also need to hand carry an applicant to a unit for an interview prior to facilitating a transfer from the IRR. Because of the lack of desire by a unit to see their end strength go down, this is not put out to soldiers and a lot of soldiers become highly disillusioned by the Reserve and Guard.

So, what this soldiers been caught in is military politics at its worse. If she has caught in with another unit, make sure the communication process is documented to establish the correct reasons for not being present for duty.

Response by 1SG Robert Rush made Mar 15 at 2020 5:49 PM

2020-03-15T17:49:00-04:00

Request to Talk with a JAG Officer before you sign anything.

Response by PVT Curtis Boone made Mar 17 at 2020 1:10 PM

2020-03-17T13:10:23-04:00

Just WOW.lol you're asking for help from everyone, except the one you should be....CHAIN OF COMMAND.

Response by GySgt Marc Dickerson made Mar 18 at 2020 7:31 PM

2020-03-18T19:31:21-04:00

WOW! And I thought the Corps was sometimes screwed up on regular active duty. Glad I never experienced what you've had to deal with. Not something that I would routinely recommend, but... I have heard that some folks have gotten good results by contacting their Senator's office and asking that they help out. Sometimes this gets the top brass involved enough to iron out the nonsense. Wish there was a guarantee that it would end up that way. I have absolutely no experience with reserves or National Guard. Good luck. Hang in there.

Response by SSG Private RallyPoint Member made Mar 19 at 2020 1:44 AM

2020-03-19T01:44:17-04:00

I do the unsat packets at my unit. They must attempt contact multiple times via phone and mail. Even as an E4 you are responsible for your career, that being said going to drill and advocating with your side of the story will help you greatly in most cases. You have an opportunity to salvage this especially hearing of your medical issue.

Response by LCpl Cody Collins made Mar 23 at 2020 12:38 AM

2020-03-23T00:38:18-04:00

I'm glad things worked out for you.

Response by LCpl Cody Collins made Mar 23 at 2020 12:39 AM

2020-03-23T00:39:22-04:00

You are not the 1st female army soldier that I have actually heard that her unit did not keep track of her.

Response by BG Gary Jones made Mar 23 at 2020 9:57 AM

2020-03-23T09:57:23-04:00

You could receive an Article 15 but remember that’s just non-judicial punishment with very low punishment and not much permanent impact. Many states have state codes of military justice that mirror US code of military justice and apply to Guard members. But if you’ve have made a bonafide documented move to another state you can apply to your old state headquarters for a discharge and, barring something unusual, it will be granted. Arrest warrants for AWOL from drill don’t usually go beyond state lines and aren’t likely to be enforced.

As for not being able to give a Guard member an Article 15 that’s not true if the state has state code of military justice. It’s kinda true for Army reservists because they are not subject to state codes of military justice (no dual status-state and federal). Reservists often have to be ordered to active duty for military punishment (court martial, etc.) so they often just discharge them rather than going through the cost of time and money (witnesses and others may have to be called to active duty too).

But, really, if you’ve been absent over a year it’s likely they are already processing you for discharge anyway. The arrest warrant is an early step. My recommendation would be to contact your old unit and your state headquarters in writing advising you have moved out of state and requesting a discharge, or, possibly a transfer to your new state Guard if you wish to continue serving.

Response by CWO2 Shelby DuBois made Mar 23 at 2020 1:08 PM

2020-03-23T13:08:33-04:00

NEVER... EVER get your legal or medical advice on ANY social media platform. That is what a chain of command is for. If you don't know what your chain of command is, then that is not only your leaderships failure but your failure as well. EVERY soldier, sailor, airman or Marine knows that. Seek proper counsel. As a last resort, request Mast or your Army equivalent.

Response by SGT Cesar Diaz made Apr 11 at 2020 4:15 PM

2020-04-11T16:15:19-04:00

Talk to a civilian attorney that practices military law and don’t listen to what I call barracks lawyers....

Response by LCpl Michael Cappello made Apr 11 at 2020 5:52 PM

2020-04-11T17:52:54-04:00

Join a different branch of the service. Seriously. Almost every EFFED UP thing I see on here originates with the Army. How the hell can such a WALKING CLUSTER%^K even exist ? Makes me want to puke. TOTALLY UNSAT.

Response by CW2 Jalistair B made Apr 27 at 2020 12:12 AM

2020-04-27T00:12:57-04:00

I fail to understand how anyone, even someone who just had a miscarriage, thought they were out of the military with no discharge papers! Sorry, no sympathy here.

Response by SFC Ernest Thurston made May 15 at 2020 6:52 PM

2020-05-15T18:52:08-04:00

I'm not an expert on the NG regs but I used to work in an AWOL Apprehension unit and you'd be surprised at how many soldiers went AWOL thinking it was OK because no one called them to come back to work. That said though, the plain and simple truth is; You are not discharged until you have discharge papers in your hand, I don't care if the President said you can go home. No papers, then you need to show up. You don't get to sit at home and make the rules up or assume anything.
For active-duty soldiers, if I remember right. If you are declared AWOL by your unit, which could be you didn't show up for formation on Friday and again on Monday. You are AWOL. After 30 days the unit can drop you from the rolls and on day 31 it becomes Desertion. You are then reported to the US Army Deserter Information Point, (USA DIP) which then notifies civil authorities through the National Crime Information Center, (NCIC). There is an open warrant for your arrest by civil and military authorities. If you get pulled over for a traffic stop somewhere you will be arrested and held until military authorities come and get you.
There are several ways to avoid this. Call your unit and get the situation resolved (and not som PFC in your squad. I mean the !SG or CDR).
Turn yourself into civil authorities or to Military Police at any installation. After this, it may be as simple as getting your personnel office to process a discharge or you may have to go to a Personnel Control Facility for processing. There you will be given the choice to return to you unit and report for duty or take a Bad Conduct or Less than Honorable discharge.
The best thing to do is to go back to your unit and work it out. Get it all behind you. No excuses. Do what's right.
I am sorry that you lost your baby. It's a hard thing to deal with. I'll keep you in my prayers.

Response by SPC Chris Ison made May 17 at 2020 8:39 PM

2020-05-17T20:39:56-04:00

So, much to unpack here.

You can NOT just move away, you have to notify your unit, which if you were a decent soldier you would done just to do. Once they know you are moving they will transfer you to the new unit in the new state.

They can give you an article 15, and they will.

You fucked up, and that is all there is to it.

Response by PO2 Michael Rickey made Jun 7 at 2020 6:51 AM

2020-06-07T06:51:49-04:00

Get out and never go back. Poor leadership at all levels.

Response by LTC Private RallyPoint Member made Jun 7 at 2020 8:56 AM

2020-06-07T08:56:55-04:00

if you are out of town and cannot reasonably make it back to drill. then you can sign in at the nearest unit. if you move a certain distance away then you can request a transfer. what is unclear is, are you AC or RC? any soldier can answer that its on your orders. did you get a DD214? Our status is not what one says but what is written.

Response by CPL Joseph Elinger made Jun 21 at 2020 7:55 PM

2020-06-21T19:55:14-04:00

When I PCS'd from Ft Bragg to Baumholder, I took 3 weeks leave. A month at Baumholder, my pay still not posted. I called Finance, who checked records. When outprocessing Bragg, Finance had processed me as an ETS. I asked what were my options? They didn't understand the question (2 dummies at Ft Bragg Finance)
I asked, do they want to correct the oversight or simply have Army complete the ETS & fly me home. They assured me correcting the oversight would be the plan if action, & my next payday reflected it. I was open-minded & would have accepted either option. LOL!

Response by CPO Jack De Merit made Jul 6 at 2020 4:47 PM

2020-07-06T16:47:16-04:00

Not having been in the Army, I have no idea what an Article 15 is. I know for a fact that in the Navy, AWOL for more than 30 days would be Desertion and you would be put in the Brig, Stockade or jail

Response by SFC Catherine Argyle made Aug 25 at 2020 6:39 PM

2020-08-25T18:39:01-04:00

Delcina, I'm so glad that things worked out for you!

Response by SFC Barbara Layman made Aug 26 at 2020 9:36 AM

2020-08-26T09:36:01-04:00

"UPDATE 11/15

Since so many people have been responding to this 3 year old thread, and not really reading updated comments, here is an official update:

So, when I returned to my old unit, I have medical documentation, and also provided insight on the miscarriage and baby as well. He would’ve been born with Trisomy 13, which also gives a short life span as well, so in my eyes the miscarriage is kind of a blessing. My commander and 1SG were informed of what happened, made copies of my medical documents, and asked what I wanted. I requested to stay in (since I was originally looking at a hardship discharge due to the pregnancy in the first place, since I was no longer pregnancy and physically/mentally stable, I requested to stay in). At this time, I had an actual discharge packet at state for being unsat, and my CO informed me that if she could pull it then she will, but if not then it would go through and I would receive a general discharge. The following Monday I received an email stating that she successfully pulled the packet.

From then on (that is January 2016) until August, I continued to drive 12 hours one way to drill; I had to miss in July due to family reasons, but I’m August I went up early to make up the July drill. When I was an hour away, I called to make sure someone would be there, so I could sleep in the armory. At this time, I was asked if I wanted to do an IST, I said yes. I was also informed that my July drill had been excused (more non communication from my CoC- go figure). That following September, I was drilling with a new unit in my current HOR state. That unit was scheduled to deploy to Cuba the following summer. I wanted to go. However, my transfer wasn’t complete at that time, come to find out, Indiana has discharged me from their records (so Missouri could pick me up), but never sent the paperwork. From July until September 2017, I was in Limbo - not actively drilling because “I didn’t exist” in ANY states records. I called IG, and within 3 weeks I was on the roster to a different unit (the one I was trying to deploy with had already left, so I found another unit). Currently still in said unit, and on good drilling status.

Since I couldn’t go to Cuba in 2017, there was another unit scheduled to deploy May of this year to Kuwait. I wanted to go as well. And my name was actually on the roster to deploy.

Why didn’t I?

I found out I was pregnant in february; and on 11/3 I delivered a healthy, beautiful baby boy. My miracle finally happened! I had a rough beginning of pregnancy, when I was 6 weeks I went to the ER due to severe cramping (thought I was having a miscarriage again); doctor said it was a blighted ovum (Empty sac) because my HCG/PH levels weren’t as high as they should’ve been. So I went home, waiting to pass the fetus. A week went by, and still nothing.

Come to find out, I was a week behind. So instead of being 6 weeks at that time, I was actually 5 weeks. I still have the tumor, and in the spring time everything will be taken out.

And yes, the fibroid has and still is registering me as pregnant, by the measurement guide. When I was pregnant, I started out measuring at 12 weeks; towards the end I was only a week ahead (measuring).

No, I was not receiving pay while I was absent, and the “warrant” for my arrest was a ploy to get me back, which he didn’t have to threaten with and lie about. I would’ve been back to drill that May if they had informed me of my actual status; but honestly, why would I keep in communication with a unit that is discharging me, and telling me I no longer have to show up? In my eyes, I was done. That unit wasn’t my favorite, so I’m not gonna go back and talk to people like they were my teachers from High School, post graduation."

This is a lot of cry-baby excuses.

It is YOUR RESPONSIBILITY as a soldier to STAY IN TOUCH with your unit of assignment. When things happen, THEY HAVE NO IDEA unless you tell them. You have a full time staff in the office every day M-F with whom you make contact. In today's world, SEND AN EMAIL as well as MAKE A PHONE CALL.
It appears that YOU HAVE DROPPED THE BALL. During my time as a unit administrator with the ARNG, after the first missed drill you would have received an AWOL notice at the last know address. With the second missed drill, another AWOL notice would have been sent and again with the third. With no contact from you, IMMEDIATE action would have been taken to drop you from the rolls with an immediate discharge requested for non-participation.

Were you to come to my unit with all of this baggage, we would not have accepted you - WHY? Because you are obviously not sincere about the commitment you made to your country and certainly not dedicated to the mission. We can't have and don't need folks who blame others for their lack of follow-through.

My advice - turn in your gear and go on with your life. Maybe you can make it somewhere else but not in the US military.

Response by SSG Paul Headlee made Aug 26 at 2020 10:25 AM

2020-08-26T10:25:30-04:00

Congratulations on your healthy baby and getting your status straight! Go kick ass and make us proud!

Response by SGT Craig Cornett made Aug 26 at 2020 10:27 PM

2020-08-26T22:27:28-04:00

Just my experience in active RA. I went well from AIT for 3 days, came back, I was not arrested, but CO gave Article 15, extra duty and forfeiture of pay. I lost no rank, remained E-3. Probably doesn't help you.

Response by SGT Joseph Testa made Aug 28 at 2020 12:32 AM

2020-08-28T00:32:59-04:00

you don't belong In the army, your too complicated and cant be counted on,

Response by SGT Joseph Testa made Aug 28 at 2020 12:36 AM

2020-08-28T00:36:22-04:00

you don't belong In the national guard, your to complicated and need to look for something else to do , its one excuse after another, stay home and raise your kid, If you were in my unit I would have had you 209 ed out, couldn't adjust to military life, you have become a burden to your units,

Response by PFC Michael LaFavor made Oct 3 at 2020 2:19 PM

2020-10-03T14:19:10-04:00

well who ever told you you cant get an Article 15 in the National Guard is totally wrong 12 months awol that is a problem you are going to loss something rank or pay or both if you new you had to drive 12 plus hours to your drill why did you join the Guard after all did you not do not do you home work

Response by CPT Private RallyPoint Member made Oct 6 at 2020 10:00 AM

2020-10-06T10:00:12-04:00

Just go to legal assistance. Dont expect credible advise here. And it’s definitely not confidential.

Response by SFC Djoulou Caldwell made Oct 6 at 2020 6:51 PM

2020-10-06T18:51:26-04:00

Yes. "unknowingly" means that you were in a state of mind where you cannot be held accountable--i.e., "accident" or "mistake of fact." These are valid defenses to any offense that requires a culpable state of mind. The problem is that "being" AWOL for a year does not permit that defense due to attenuation

Response by SGT Joseph Alanzo made Oct 6 at 2020 7:28 PM

2020-10-06T19:28:25-04:00

YES YOU CAN

Response by SPC Nils Hammer made Oct 25 at 2020 6:18 PM

2020-10-25T18:18:26-04:00

I wish we could have a secret agent give the platoon sgt an article 15 for failure to perform simple basic admin tasks. I have always been bad at this stuff, army owes me for multiple failures. Number one has to be gathering any relevant info, and written stuff telling you what to do, maybe travel info proving that you saw him in August. Next would be finding allies, like a competent honest company or battalion level admin. As I said before, I am no good at this.

Response by CPL Barrie D Davey made Nov 10 at 2020 5:43 PM

2020-11-10T17:43:48-05:00

Serving Soilder. Fine, get pregnant or render yourself unfit for duty in any way. Discharge, Yoiur OUT and charged for making yourself unfit for duty, no if's or buts you country needs people it can RELY on, NOW not in x number of weeks.

Response by CPL Barrie D Davey made Nov 10 at 2020 6:18 PM

2020-11-10T18:18:27-05:00

Serving Soldier. Great we need you. Commit a crime, for which you have to serve time, and be absent from duty, or Render yourself unfit for duty in any way.
Charged first, then depending on severity. Discharged, your OUT,, and charged for making yourself unfit for duty, no ifs or buts you country needs people it can RELY on, NOW not in x number of weeks.

Response by CPL Barrie D Davey made Nov 10 at 2020 6:42 PM

2020-11-10T18:42:38-05:00

Serving Soldier. Great your country needs to know it can depend on you. Commit a crime, for which you have to serve time, and or be absent from duty, knowingly or not, render yourself unfit for duty in any way. You are guilty of letting your country and your comrades in arms down, probably when they need you most.
Charged first, for making yourself unfit for duty, then depending on severity. Discharged, your OUT,, Your country needs people it can TRUST and RELY on, NOW,,, not in x number of weeks. or when it suites you.

As for postings you go where you are sent, at any time. I had to leave the country 6 days away from the date my wife was due to have our child. In fact she had it while I was on my way, probably in the aircraft. Asking to be posted to somewhere you might like, never heard of, even today as far as I know.

Response by CSM Jim Corrin made Nov 18 at 2020 5:07 PM

2020-11-18T17:07:51-05:00

Talk to a JAG lawyer.

Response by CW3 Michael Clifford made Dec 24 at 2020 12:00 PM

2020-12-24T12:00:16-05:00

You may want to consider going into the reserves and become a member of the individual ready reserve (IRR) and drill alone with the active duty MPs at Fort Leonard Wood. Since it is also the schoolhouse for the MPs, it will give you the opportunity to volunteer for various leadership and MP specific courses, like the protective services courses. Some may be over 2 weeks and length but with some cooperative civilian employers, you could drill longer and complete the courses.

Response by SGT Lenise Hamilton made Dec 27 at 2020 1:25 AM

2020-12-27T01:25:08-05:00

SPC Myers,
I wish you well in getting this major issue resolved so that you may move forward. Good Luck!

Response by HN Ty Jaillite made Dec 28 at 2020 12:52 AM

2020-12-28T00:52:08-05:00

Sounds somewhat close to what I had going on with my lousy ass CoC back in 2015/2016 at JBSA FSH. I was on profile and LLD for a failing core and was referring to the SIT clinic for physical therapy. My physical therapist, a retired 8404 HMCM, gave me a no PT chit. I gave said chit to an EN2 that was in charge of my class and he never passed that on to the other NMTIs. When EMC, kept seeing me absent from PT, he referred me to DRB, the DRB gave me an EMI that took place DURING the physical therapy. My physical therapy was from 0400-0630 MWF and the EMI was scheduled to be done MWF at 0600. Anyways, missed the Wednesday EMI and was immediately referred to captains mast. From there, the captain said that I forged the documents and bribed the army medical officers and my physical therapist. I was an E3 at that time. I was hit with an AWOL, failure to obey lawful order and regulation, the catch all 134 and she tried bringing me up on bribery but it failed. I demanded a court marshal for the case which was denied. I was told that I was being knocked from E3 to E1, was getting 45/45 and half pay x2 months and at the end of which I was to be discharged from active duty. She tried to push for a dishonorable discharge and couldn’t get anything lower than a General under honorable conditions discharge. And then to add insult to injury, she gave me an RE-4 and a JK-A on my DD214. I can’t reenlist, I’ve tried having the codes changed and all of my appeals have been laughed at.

Response by SP5 Derick Johnsohne made Dec 28 at 2020 4:28 PM

2020-12-28T16:28:01-05:00

just reading it, it looks like a total snafu

Response by MAJ Mark Steskal made Jan 12 at 2021 11:03 AM

2021-01-12T11:03:12-05:00

1. Guard Members CAN be subject to all that the UCMJ has to offer, including Article 15. It is easier to simply give you an Administrative or some other discharge. But if you don't return all of your gear, you will be on the hook for the cost (which is substantial) I know because I was involved in processing somewhere around a hundred cases for the state I was in.
2.Take responsibility: that means you learn the regs yourself (Guard members are notorious for quoting non-existent regulation to justify saying no).
3. Beyond a certain distance, there is generally a hardship clause for travel to drill. It can be difficult to put into effect. There is also what is known as an "Interstate Transfer," where your drill state becomes the state you live in. Negotiating that would likely mean that the state you want to drill in has the openings for you and you don't represent a future problem child.
4. I can recall one PFC on the drill floor for the APFT, who struggled to do one situp, and then fell back and feigned crying after 15 seconds of his two minutes. He was on the Weight Control Program, remedial PT, etc. He had presumably graduated from Boot Camp being able to do the minimum, but gotten to where he was by his own choices. I understand it is different with medical conditions (since I have had my own) but much of where we go depends on making good choices apart from the conditions that we cannot control.
5. What are the lessons you will take away from this experience to make you future easier?
Consider this fatherly advice from an old retired Enlisted to Commissioned guy who stumbled through some pitfalls in his career with the advice and mentor-ship of some really good men and women in the Services.

Response by CW2 Donald Loughrey made Feb 8 at 2021 10:30 AM

2021-02-08T10:30:43-05:00

I never was in the NG so there are particulars I'm sure I'm not aware of. Condolences on your loss. That is never easy.
I would have to ask- Did you ever check on your status with your leadership? Did you understand or were told that you were on a Medical hold or Medical Leave for a certain time?
The Leadership has the responsibility to inform Soldiers of their status and required actions so they are partly culpable here but some of the onus would fall on you to verify your NG duty status and if being told you were being discharged....then "what do I do?"
I wish you luck in solving the dilemma. It seems there are corrective actions to be taken on all fronts in this one. I recommend you show up, plead your case and state if you desire to remain in the NG or not. If you do...Soldier yourself silly to establish yourself in the Unit or find another Guard assignment where you can do that. Best Regards.

Response by Lt Col Timothy Cassidy-Curtis made Feb 8 at 2021 1:22 PM

2021-02-08T13:22:45-05:00

As a senior-grade officer, I would like to say that all the officers over you should be trusted. I would like to say that all the officers in your old unit can be depended on to do the right thing. I would like to say that they were right in everything that they did, concerning your situation.

I would like to, but I can't, and I am sorry about that.

It sounds like you have been through the ringer. Congratulations on your miracle baby! I sincerely hope you get the fibroids resolved (trust me, I know they're not a lot of fun...just don't ask me how). It sounds to me like you have a good heart, and have been trying to keep true to your duty.

I do advise that you get three people on your team. One: your First Shirt (the unit Sr. NCO). Two, the first officer in your chain of command. Three, your unit Commander. Meet them either individually or all at once. Tell them the full story; include the good and the bad, and don't leave anything out. You've had a rough time, and knowing the truth will help your Shirt, your Chain, and your Commander deal with it. That's their job, and you should let them do it because you need to do your job with no unwarranted distractions. As an E-4, you are on the verge of leadership duties. Some of the best leaders are those who have had a rough life, and you just might qualify. Your Commander, Chain, and Shirt should be able to see this.

Your current unit sounds like it has people who care. If you want to, make a copy of my response to you and show them. Your success is your unit's success. They want you to succeed. They will fight for you to succeed. Best of everything to you and your unit! You sound like a fighter!

Response by LTC Leonard M. Manning, Sr made Feb 8 at 2021 2:32 PM

2021-02-08T14:32:33-05:00

As a former commander in the Georgia National Guard I will tell you that Georgia has a State UCMJ that I used many times for punishment and it applied to weekend duty. The Federal UCMJ applied when the unit was in AT (Federal Duty) status. Under the GA UCMJ I could ask for 25 days for each period of absence and a drill weekend is 4 periods thus 100 days. I never got 100 days during the 4 courts marshal proceedings I initiated I only got 6 days each time - 3 weekends in a row. So this soldier can be punished.
More than likely what happened is that the unit started discharge proceedings against this soldier and was overruled by Retention that State level especially if the state is in need of soldiers.
The 1Sg is correct in that the soldier is her best advocate - attend drills, explain your case, produce doctors certificates, and apply for a transfer to your current state unit.

Response by A1C Gus Mimikos made Feb 9 at 2021 10:53 PM

2021-02-09T22:53:02-05:00

My feeling is even though you had a medical condition , it is all about Paperwork and paper trails. Moving sever states away means you have to transfer to the gaining state's National Guard. After the medical condition and being notified you were being discharged it was verbally but where was the offici.al paperwork. Then later you are marked AWOL> You would have to get the Readiness NCO to testify you were discharged .and if he did not follow through with the discharge paperwork he will LIE. Stick with the guard get a JAG but stay in the service. If you can handle Full time soldier do It. The benefits are endless. VA Hospital means you don't need to pay $800 a month for health insurance.
sacrifice going full time means you can go for a VA home loan. No down payment for a house and no mortgage insurance.

Response by PO3 Kevin DeLong made Feb 11 at 2021 12:23 PM

2021-02-11T12:23:37-05:00

This reminds me of a guy who was drafted for Vietnam in 1971 completed army boot camp. Then disappeared for 10 years. In 1981 he was at my base and was on trial for desertion at a time of war a very serious charge. His defense was some random officer told him he was a sad sack of sheet and had no business to be in the Army. He took that as an order to leave the army and get another job. It end up he had an IQ of 85 and should not of been drafted as he was slow. He walked Scott free.

Response by Maj Dale Smith made Feb 11 at 2021 5:30 PM

2021-02-11T17:30:05-05:00

Please go to your Area Defense Council (ADC) at the JAGs office. What has occured to you is not an article 15 offense but an Article 32 which would be desertion. It sounds like you have an excellent defense, but your ADC would be best for your defense. Show him all the paperwork that has been generated since your miscarriage to include any medical reports. Talk to your first sgt about the situation and look for your ADC at the Batallion or Brigade level. Since you are in the Nat'l Guard, you may have to travel to your State Capitol where the State Adjutent General's office is located.

Response by A1C Gus Mimikos made Feb 13 at 2021 9:10 AM

2021-02-13T09:10:10-05:00

I served back in 1969 Delcina, hey don't worry at least the positive attention is good and screw the negative ones. I am so happy you had your little Miracle and I hope the baby is healthy. Going thru that procedure is a devastating one I know it . I knew someone close to me that did. It is very physical and emotional and does take it toll on you and your body and I know you soldiered you way thru it and hope you had family and friends every step of the way. Blessing to you You always have a voice here don't be shy. Take care. Gus

Response by PO1 David Shepardson made Feb 13 at 2021 10:11 AM

2021-02-13T10:11:38-05:00

I busted out laughing at this... Anyone who does know they are AWOL, FOR A YEAR, should not be in the military as being to dumb to serve, and sent to the KP unit! (Got the 180 days in and now wants out?)

Response by PV2 Duane Schlender made Feb 28 at 2021 11:53 AM

2021-02-28T11:53:45-05:00

Having read this latest update by OP, my god... What on earth goes through your head, OP? There are so many, MANY flaws to this entire mess. The reason this thread has blown up, is because of how much of a mess this entire thing is. This is what gives drill instructors nightmares, and JAG ulcers.

You had responsibilities, YOU didn't manage those responsibilities ONE bit. Regardless of your unit, only YOU are responsible for YOUR actions and inactions. How the hell did you even get E4 rank in the first place with such an entire lack of leadership skill, tact, responsibility, and so much more. Even as an E2, I could never have been so EFFED up as you. Consider this a veteran giving you a monthly report. Here's your verbal Article 15.

You should have followed up on all of your responsibilities, paperwork, and more. You should have checked with discharge review personnel. You should have reported your unit to a higher authority if they truly were as bad as you stated. You should have communicated better.

In all, you deserve more in the way of punishment than you have gotten. And, as a veteran who was injured in a training accident (saving a soldiers life and injuring myself MORE in the process), and has 30% disability as a result. Hasn't worked in 20 years, and has 2 prison sentences on his record.... I find it highly disrespectful to those of us who do our duty for someone as messed up as you to get benefits for your horrible conduct.

I feel the need to express just how much disdain I have for this entire story and timeline of events. I have made my own mistakes. However, I could never willingly allow a situation like you did. Your problems are 100% of your own doing from lack of action, and lack of soldierly conduct. PERIOD. And, I lack any care whatsoever to anyone that feels I am being too much of a dick. The military, at all levels, is a family. It is a commitment. You fail on BOTH accounts.

Response by PVT Rocky Susshine made Mar 23 at 2021 8:49 PM

2021-03-23T20:49:53-04:00

You that stupid ? Lets hope the army sends you on your way..

Response by PVT Rocky Susshine made Mar 23 at 2021 8:51 PM

2021-03-23T20:51:42-04:00

Your that stupid The army needs to send you on your way. Clueless Myers. Just go away. You do not belong in any service. Damm sure I wouldn't want you in my fox hole.

Response by PO2 Patrick Dwyer made Mar 25 at 2021 5:09 PM

2021-03-25T17:09:09-04:00

I occasionally have a dream that I left the service but I should was not discharged. And it had been many decades later. My worse fear in my dream was where to hell was I going to get a full uniform issue. Since I only have my Dress Blues which no longer fit this was a dilemma until I wake up.

Response by PO2 Bull Halsey made Mar 28 at 2021 11:16 AM

2021-03-28T11:16:17-04:00

Query Office of the Adjutant, get military representation for yourself!

Response by SSG Stephen Wondercheck made Mar 31 at 2021 12:54 PM

2021-03-31T12:54:43-04:00

The National Guard.... enough said!!! Sorry but ur unit is garbage you should of still done the right thing no matter what get out and do active or reserve at least that’s my two cents if you like it or not that’s my thought on it

Response by SGT Juan Robledo made Apr 3 at 2021 7:16 PM

2021-04-03T19:16:34-04:00

Hope the Command throws the book at you, for being DUMB and STUPID, that's what should happen

Response by SN Herman Lee made Apr 5 at 2021 5:50 AM

2021-04-05T05:50:52-04:00

AWOL for a year? I people with situations that only wishing just went AWOL...

Response by CPT Larry Hudson made Apr 24 at 2021 5:28 PM

2021-04-24T17:28:00-04:00

SPC Myers, by any standard in the military, being AWOL is a punishable offence worthy of UCMJ adjudication. Being as long as a year could be arrival 32 charges of desertion, but since this has occurred in combat and no consequences with Obama Ad

Response by CPT Larry Hudson made Apr 24 at 2021 5:29 PM

2021-04-24T17:29:34-04:00

I would think that will not happen in a politically correct military today. Report to your unit and await consequences.

Response by SSgt Daniel d'Errico made May 15 at 2021 4:02 AM

2021-05-15T04:02:05-04:00

You must never start anything without paper work. Just because two universities dropped the ball on your paperwork, you're still liable for your attending training in your home state's NG unit. You can be still charged with AWOL and placed on active duty with a reduction in rank and pay.

Response by Maj Major Ted C. Mc Neel Sr. USMC Retired made May 17 at 2021 3:41 PM

2021-05-17T15:41:38-04:00

Just because you received an Article 15 'Ooffice Hours' does not mean you are not innocent. In mitigation you can explain your a victim of the system and are innocent.

Response by SPC Daniel Dresen made May 30 at 2021 4:57 PM

2021-05-30T16:57:15-04:00

Glad your stuff was sorted. You aren't the only soldier to be lost in the cracks. As for your separation documents... good luck! Most states are a year or more behind in separation documents such as ngb22s. I worked in separations and as our section was reduced, I tried to maintain a 3 month lag or better. For 5 months... we were up to date on ETS and non ETS records. Then sequestration happened, state furloughs, and the section kept going down from there. I hear my old section is now 3 years behind. Imagine all the soldiers being forgotten now... and you can only be separated as AWOL if you are on active duty orders. For missed MUTAs, it's called unsatisfactory participation. You have to be notified via certified mail each missed UTA. We had guys who should have LONG been gone for this, but units didn't do correct paperwork yet, a guy admitted to a hospital long term was almost booted for missing annual training. Not on my watch. Too many admin people taking shortcuts and dropping the ball. Oh... and there probably wasn't an arrest warrant for you... why readiness NCOs pull that tactic is beyond me. Most departments hate just providing a last know address let alone initiate a warrant for unsatisfactory participation. Now if you missed AT or a mobilization... then it's different.

Response by SMSgt Bob Wilson made May 31 at 2021 2:54 PM

2021-05-31T14:54:56-04:00

Sounds like another military SNAFU to me. Left hand did not know what the right hand was doing and everyone was waiting for the "paperwork". The word of the day is "initiative". It appears no one had any. The time is took to correct the issues was ridiculous, and the lack of interest on everyone's part was inexcusable.

Response by SGT Jay Davis made Jul 8 at 2021 5:53 PM

2021-07-08T17:53:07-04:00

After 30 days it is considered desertion

Response by CPO Manolito Arciaga made Aug 4 at 2021 12:04 AM

2021-08-04T00:04:06-04:00

Absence for a year!! That's absolutely DESERTION!!

Response by MGySgt Rick Tyrrell made Jun 19 at 2022 7:49 PM

2022-06-19T19:49:18-04:00

How does an individual unknownly become AWOL. This person has and knows what responsibility is and lack of responsibility is. Ha!