rach10 said:
I have a son who went awol from the MC about 11 mos. ago. He had completed basic training, had his leave, and never reported back. We told him to turn himself in, he said no. He then dissappearred from our lives for the 11 months. We recently found out that he had gotten picked up by the police, and was basically sitting in jail waiting for the military to come get him. We, as parents, know he needs to complete his obligation to the MC and want him to do so. But the question we have "what next?" What happens to him, where does he go? Will it just be a matter a short jail time and discharge? Please give me some feedback. Thanks
Most likely your son will be court-martialed, because his AWOL was terminated by apprehension. Had he turned himself in, he would have gotten an other than honorable discharge, which would negatively affect him in employment in the future.
I give your son a 35% chance of merely being discharged with an other than honorable. It will revoke any veterans benefits and impact his future.
I give your son a 30% chance of being court-martialed at a special court-martial, authorized to adjudge a bad conduct discharge. I suspect he is looking at around 60 days confinement, and will then be discharged punitively. This could be considered a federal felony conviction (there is debate on whether it is a federal felony or federal misdemeanor conviction). That will impact his future in profound ways, including the possibility of removing his right to vote, obtain student loans, his ability to possess a firearm, and all of the other consequences that follow federal felons. The charge would most likely be AWOL terminated by apprehension, but could be desertion. The fact that he was caught, instead of turning himself in, makes it more likely that it would be desertion. If desertion, he's likely looking at up to 1 year confinement.
I give your son a 25% chance of being court-martialed at a general court-martial. Again, the charge could be desertion or AWOL terminated by apprehension. He's looking at a dishonorable discharge, and either 18 months in leavenworth or 2 years. Again, it would have been a lot better had he turned himself in, because that makes desertion harder to prove, resulting in a special court-martial. A conviction at a general court martial is a federal felony. That will impact his future in profound ways, including the possibility of removing his right to vote, obtain student loans, his ability to possess a firearm, and all of the other consequences that follow federal felons.
Finally, because of unit shortages, I give it a 10% chance he is returned to his unit, given an article 15, confined, restricted, but sent to a unit where he will finish out his enlistment, and not be given credit for the time he was AWOL.
Again, had he simply turned himself in, it would have been much much better.