AWOL in Basic Training
Being absent without leave (AWOL) is a serious charge in the military and may result a forfeiture of wages, a court-martial, a federal conviction and jail time. A soldier who goes AWOL from basic training and an AWOL soldier who hasn't graduated from advanced individual training will, in most cases, receive an administrative separation with a less than honorable discharge.
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Definition
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The Uniform Code of Military Justice states the following about AWOL: "Any member of the armed forces who, without authority--1) fails to go to his appointed place of duty at the time prescribed; 2) goes from that place; or 3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct."
Going AWOL
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The website of Gagne, Scherer and Langemo, a military law firm, states that AWOL and desertion cases are the most common military crimes it handles and that in most cases a person leaves his place of duty because he wants a separation from the military. According to "On Watch," a military law newsletter, being AWOL can be a stressful experience characterized by fear of being apprehended and anxiety related to the reaction of friends and family members as well as figuring out where to live and how to pay expenses.
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Advice
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According to "On Watch" and military lawyers, the best advice for a soldier who goes AWOL is to return voluntarily to the military as soon as possible to resolve the situation. She should not discard or destroy her uniform or military ID because that could be used as evidence that she had no intent to return, which may result in a desertion charge. While it is within the legal rights of friends and family members to decline to answer questions about an AWOL soldier's whereabouts, they are advised to refrain from lying to military personnel or law enforcement because this could be charged as aiding and abetting an AWOL soldier. The soldier should speak with a lawyer to help navigate the legal process and prepare an explanation; the military will not usually accept medical conditions, hazing or family issues as legitimate reasons for leaving.
Consequences
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After a soldier is reported AWOL, the military attempts to communicate with him to get him to return. After 30 days, a federal deserter warrant is issued for his arrest. If law enforcement apprehends the soldier, he is taken to jail, and the closest military installation is notified. He may wait in jail for days or even weeks before transferred to, or released with orders to go to, a military facility.
Personnel Control Facility Process
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Recruits who leave basic training are eligible to avoid a court-martial by going through the Personnel Control Facility (PCF) process, which allows the military to discharge soldiers who are deemed unable or unlikely to function well in the military. This process begins with questioning by PCF staff about the recruit's reasons for leaving; then she is brought before the first sergeant, PCF commander or both where the charges against her are read and she is again questioned about why she left. From there, she meets with trial defense services to recommend an approach. At the end of the PCF process, a discharge recommendation is made. Some receive general discharges, but most receive less than honorable discharges.
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References
- Photo Credit soldier in close up image by Alexey Klementiev from Fotolia.com
