How to stop a Soldier who goes AWOL for 28 days at a time?

2014-01-22T08:50:35-05:00

A soldier form my company is being AWOL three times he leaves for 28 days 20 days 27 days and he still in the ARMY. JAG come back to me and said ART 15 start the chapter but 4 months now and nothing???

Response by SFC James Baber made Jan 22 at 2014 11:40 AM

2014-01-22T11:40:04-05:00

Ricardo,

This goes back to what I have stated in previous posts about the politics of today's environment, they have taken the power from the NCOs and given it to the PVTs.

Prior to the Clinton administration, an NCOs word and 1 or 2 counseling was all a CDR needed to chapter a Soldier or put them in jail for going AWOL, especially if it was repetitive, but during the mid-90s all that changed. PC came into the picture and protected to guilty instead of the military as a whole, this is all about lawyers and protecting the guilty and not the innocent as it was supposed to be.

Back in 1984 when I was in Fort Sill, we had a Soldier who went AWOL, the federal warrant was issued, the US Marshalls tracked the guy down after about 19 days, arrested him and brought him back to the unit and turned him over to the MPs, we turned him over to his command, they gave him UCMJ actions and started the chapter process, he was gone in 10 days with a dishonorable discharge, that was how things worked and had worked for decades prior with the exception that some Soldiers spent some time in jail before being chaptered so the military got their time back equal to the AWOL time. But all that changed from 50, 60, 70 years etc. of it working the way it did to the PC and worse that you are now experiencing, if you don't have a multi-volume record of counseling's, psychological evaluations and profiles, medical evaluations, and so on, you can't even get an article 15 participation anymore let alone a chapter. Blame Congress, weak leadership and lawyers for all that has come our way over the last 15+ years for what you are currently experiencing.

I wish you luck with this Soldier and the issues, it will only continue, and will most likely result in a few things happening, the Soldier will be moved to another unit, you will PCS before anything is done, or nothing will ever come from it other than you getting frustrated in the end.

Response by 1SG Private RallyPoint Member made Jan 22 at 2014 11:42 AM

2014-01-22T11:42:43-05:00

Send him to jail!

Response by MAJ George Hamilton made Jan 22 at 2014 11:59 AM

2014-01-22T11:59:30-05:00

Start documenting the issue - a chapter for a pattern of misconduct is not difficult. Either that or charge him, and by showing a history of going AWOL, have him put in pre-trial confinement to prevent another incident. The tools are there to deal with the problem, in most cases they are just utilized inefficiently, or leaders are unaware of them. Talk to your JAG - they are a wealth of knowledge when it comes to dealing with these issues.

Response by 1SG Private RallyPoint Member made Jan 22 at 2014 12:50 PM

2014-01-22T12:50:37-05:00

The commander can initiate legal action and request pre-trial confinement the moment he arrives back from AWOL. It will be granted due to his previous record as flight risk. Also, ensure the S1 is processing the suspension of pay every time he goes AWOL and they will need to re-compute his BASD and ETS based on lost days. The career counselor can help with the computation if the S1 is shaky on how to do it properly.

Response by LTC Jason Bartlett made Jan 22 at 2014 6:15 PM

2014-01-22T18:15:10-05:00

Where is your Commander and 1SG?

Response by MSG Private RallyPoint Member made Jan 22 at 2014 6:25 PM

2014-01-22T18:25:04-05:00

SSG,

Don't keep giving ART 15s for every offense because it will stall the chapter process.

Response by SFC Ricardo Ruiz made Jan 22 at 2014 10:12 PM

2014-01-22T22:12:34-05:00

Thanks all for the responses. I as I continue to monitor this soldier the best I can do is to continue to record everything. Sometimes I think the CMD group is limited by Jag but I am just one NCO VS the world. Thanks again.

Response by SFC Private RallyPoint Member made Jan 22 at 2014 10:29 PM

2014-01-22T22:29:52-05:00

Article 15 for disobeying a lawful order (covered in the initial counseling) and oath of enlistmen and reenlistment if he isnt a iet soldier you stated he has done this multiple times. Then the article 134 should be easy to push for. JAG is only there for the chain of command

Response by SFC Private RallyPoint Member made Jan 22 at 2014 10:43 PM

2014-01-22T22:43:51-05:00

Also another suggestion could be a company grade article 15 enforce restriction to barracks see the results. Also have to have a plan for who will escort the soldier since he cannot be trusted not to go awol. More personnel required but JAG can't say you didn't try to prevent the situation.

Response by SFC Private RallyPoint Member made Jan 24 at 2014 9:45 AM

2014-01-24T09:45:59-05:00

Counseling, Art 15, Court Martial and Chapter along with NCO and Chain of Command Involvement.

If nothing else, Bar to Re-Enlistment

Response by MSG Private RallyPoint Member made Jan 25 at 2014 12:15 AM

2014-01-25T00:15:40-05:00

LOS (Line of Sight). I've had this same problem with one of my Soldiers last year. We did everything from giving him a company grade to field grade and he just up and left and then came back in that 28 day process multiple times. His pay was suspended thanks to fast work by S1, and when he finally tried to return again the last time he was detained and two Soldiers were assigned to guard him until his chapter was finished. MPs couldn't do nothing and neither could JAG while the chapter was going on. Only thing they advised us was line of sight and continue with the chapter paperwork. Continuing to give him Art. 15 will stall the chapter and only make the situation more of a headache on your end. If the paperwork is straight and you've documented everything, he'll be gone soon. Hope this works for you.

Response by SFC Mark Merino made Mar 31 at 2015 5:21 PM

2015-03-31T17:21:49-04:00

What a headache! It's been a year, do you have an update for the community?

Response by CPT Aaron Kletzing made Mar 31 at 2015 6:40 PM

2015-03-31T18:40:29-04:00

How on earth is this individual still in the Army, and hasn't been ART 15'd?

Response by SFC Joe S. Davis Jr., MSM, DSL made Mar 31 at 2015 7:51 PM

2015-03-31T19:51:07-04:00

Back in the DAY, the Army sent SOLDIERS TO THE SCHOOL OF SOLDIERS. 30 DAYS MAYBE LONGER TO LEARN THE STANDARDS...Those were the days!!!!! I think the Army needs to bring it back.

Response by MSG Floyd Williams made Mar 31 at 2015 7:55 PM

2015-03-31T19:55:18-04:00

I seen soldiers go to the Stockade after the second time.

Response by SGT Private RallyPoint Member made Apr 1 at 2015 2:21 AM

2015-04-01T02:21:48-04:00

I have a question or two . Has this person had a assessment of any kind ? Personal problems like Drugs or PTSD or relationship issues ? Or is it a plain and simple issue of failure to follow orders . I have been gone from service for too many years and too many changes . Do they still have such things as CCF , Control Confinement Facilities ? They worked very well in my day with problem soldier . A field grade ART 15 and up to 3 months in CCF they would come back a changed soldier.

Response by CW3 Kevin Storm made May 2 at 2016 7:22 PM

2016-05-02T19:22:16-04:00

Revoke his pass privileges, force to move back on post, fail his vehicles inspection. Next cover your bases, is he combat vet needing professional help? Is there a family issue? Or is he one of those guys who wears tinfoil when on radio duty (don't laugh I have seen someone due that). there may be more to this than meets the eye.

Response by SSG Private RallyPoint Member made Jun 1 at 2016 1:40 PM

2016-06-01T13:40:54-04:00

Something authorized, but as far as I know, never used. CONFINEMENT. I would venture to say that after 30 days in confinement that the AWOL plan is going to end.

If paperwork is done properly, His ETS can be extended to account for the lost days, as well as his pay fully garnished. (outside the limits for an A15.)

Response by COL Private RallyPoint Member made Mar 18 at 2018 2:26 PM

2018-03-18T14:26:58-04:00

Clearly the commander doesn’t want to bother with that. Get with the 1SG. If he agrees to chapter this guy out then have him help you out. On the third AWOL this guy should be on field grade article 15 which means the CSM should be involved.

Response by SSgt Boyd Herrst made Mar 18 at 2018 10:25 PM

2018-03-18T22:25:24-04:00

Response by 1SG Dennis Hicks made Mar 19 at 2018 8:51 AM

2018-03-19T08:51:15-04:00

We had a troop like that, he did it twice, last time he did it before we were going to the field, we left late he showed up we grabbed him and took him with us. Before that he had a tendency to avoid the field, his peers had a discussion with him in the field and when we got back he went awol again and he never returned and was dropped from the rolls.

Response by SFC Jim Ruether made Mar 19 at 2018 9:06 AM

2018-03-19T09:06:03-04:00

Put him in Leavenworth its a sure way to stop his ability to take breaks from his military obligation and visit with his commander, platoon sergeant, squad leader and punish them too for letting this happen over and over again

Response by PO1 Cassiopeia Goldenstein made Mar 20 at 2018 6:10 PM

2018-03-20T18:10:48-04:00

If he has had three of them, he can get a bad-conduct discharge, or if you just want to get rid of him without too much fuss, an admin discharge.

Response by SGM Bill Frazer made Mar 22 at 2018 5:55 PM

2018-03-22T17:55:48-04:00

3 times, should rate a field grade 15, and a chapter. See what the CSM says