Posted on Jan 22, 2014
How to stop a Soldier who goes AWOL for 28 days at a time?
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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???
Soldiers
UCMJ
Unauthorized Absence
Posted 12 y ago
Responses: 24
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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.
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LTC (Join to see)
I had a cousin who was in the Navy that did the same thing back in the 70s. Every time his ship would come home he would go AWOL. 2-3 weeks later the shore patrol would show up at his parent's house and pick him up and he would spend time in the brig. rinse repeat. For some reason they never kicked him out, but due to his ETS being constantly re-computed it took him 6+ years to do a 4 year enlistment.
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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.
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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.
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SFC Joe S. Davis Jr., MSM, DSL
SFC Mark Merino Sweeeeet! The Illustrious RP Badge of Distinction brother!
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CMSgt James Nolan
In the Corps it was called Corrective Custody (CC). It was in lieu of Art 15. You got "Motivated". I never saw it fail.
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1SG Dennis Hicks
Back in the at At Bragg, Charlies Chicken Farm (CCF) fixed a few wayward souls, can't do that anymore its not politically correct.
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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.
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MSgt John McGowan
AWOL. I have been out a long time, your AWOL has me confused. When I was in ,AWOL was a 24 hour thing and you only went once and then you were out. We had a Indian NCO that we knew where he was but couldn't touch him. He went back home.
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TSgt (Join to see)
MSgt John McGowan - In the Army, AWOL begins 24 hours after the Soldier is missing. Flagged on the 2nd day after Soldier is missing. 10 Day letter (from the Company Commander) goes out to NOK, then right before 30 days. At 30 days AWOL, the Soldier is considered a deserter and Dropped From Rolls (DFR). Then Soldier's info (all of it) goes to national law enforcement for an active desertion warrant. That's how most deserters get found-- sooner or later.
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Maj John Bell
TSgt (Join to see) - I don't understand. Perhaps the difference between The Marines and the Army. If he was gone 28 days, he wouldn't get a crack at article 15.
Typically 24 hours to 7 days: Article 15 - 1st offense, Summary Court 2nd, Special Court and probably a GOS discharge for third offense
8-29 days: summary court 1st Offense, Pre-trial Confinement, Special Court and probably a GOS discharge for 2nd offense.
30+ days: Special Court and a punitive discharge 1st offense.
Typically 24 hours to 7 days: Article 15 - 1st offense, Summary Court 2nd, Special Court and probably a GOS discharge for third offense
8-29 days: summary court 1st Offense, Pre-trial Confinement, Special Court and probably a GOS discharge for 2nd offense.
30+ days: Special Court and a punitive discharge 1st offense.
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SMSgt Lawrence McCarter
Maj John Bell - Seems to Me what the Marines do lined up with Air Force handling of that, at least it did when i was in. You weren't going AWOL that length of time and that many times without having to pay the piper. Between corrective custody and pre-trial confinement You were going to be kept track of and don't screw up in either of those ! I wouldn't think most Army units would handle that any differently.
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How on earth is this individual still in the Army, and hasn't been ART 15'd?
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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
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MSG Floyd Williams
This soldier's peers shouldn't want him to deploy with them, he sounds like a risk waiting to happen.
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TSgt (Join to see)
1SG Charles Hunter - Cannot seize private property without a warrant and/or probable cause. AR 190-22.
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1SG Charles Hunter
TSgt (Join to see) - I believe his car could have been impounded as part of his restriction. The commander would have to confirm with JAG. The only other alternative is pretrial confinement.
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SFC James Baber
1SG,
You should know that in today's environment that also takes and act of Congress as well.
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2LT Ronald Reimer
FRAG his ass! When he returns, a welcome home party should be waiting for him. When they try to apprehend him, I'm sure that he'll resist, and then sometimes accidents happen. Just be sure to have all of your "PFC Mannings" uninvolved.
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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.
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