How Do Soldiers Fight AWOL Charges?

Turning Themselves In

The first thing AWOL soldiers must do is turn themselves in to the nearest military base. Generally, soldiers who turn themselves in are given more lenient sentences than those who have to be apprehended. The branch affiliation doesn't matter. For example, Army members can report to a Navy base. Upon turning themselves in, the soldiers will be given the opportunity to explain their case for going AWOL. This is done under oath. It is vitally important that the soldiers be completely honest. If there is any proof of the reason, they should bring that with them. For example, if a soldier went AWOL to visit a terminally ill family member, he should bring a physician statement describing the illness. The sailor should get a copy of any forms he signs or is asked to review, as these forms should be reviewed just before the trial.

Restriction

Next, the AWOL soldiers will be placed in 'Restriction' or in the 'Base Brig' depending on the base they report to. While on this status, the soldiers must abide by all laws, rules and regulations of the base and the military. Getting into any trouble, even a simple uniform violation, can negatively affect the outcome of the case. Most of the time, the soldiers will be returned to their proper duty station to stand trial for going AWOL. Once there, they will live a life similar to that of those in jail. During this time, they should consult a military lawyer. Some soldiers may be returned to other non-secure facilities on base barracks with orders to remain on base and report in with the base police every 12 to 24 hours or upon orders to do so. The soldiers' lives will continue in this manner until the hearing date in front of their Commanding Officer or a military review panel.

Trial

When the soldiers stand in front of his Commanding Officer, they should be humble and honest about the situation. Some soldiers may be found not guilty if their reason for going AWOL is considered an emergency by the Commanding Officer. Maintaining military bearing, staying humble and apologetic is necessary for the soldiers to show the Commanding Officer they understand the error of their actions. However, most soldiers will receive at least some form of punishment. This may include a specified time in 'Restriction' or the 'Base Brig,' pay cuts such as half a month's pay for three months, extra duties and/or decrease in rank. A pay cut is usually equal to the total amount of pay the soldiers were paid while they were AWOL, as they weren't doing their job during that time.

Considerations

Lastly, if the soldiers went AWOL because of mental problems, to enter a substance abuse program or because of emotional problems, they may want to consider petitioning the military for a hardship, medical or general discharge. While these discharges are the exception rather than the rule, they may provide a better alternative for the soldiers than living life on the run, should they decide to go AWOL again due to the stress of having to stand trial.