An Absent Without Leave (AWOL) charge is a serious legal matter. The punishment for going AWOL can be severe. As a member of the military, if you have been absent from your assigned post for more than 30 days, you are subject to arrest. You must take immediate decisive action to fight an AWOL charge and will often need legal help to avoid serious consequences. Read on to learn more.
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Difficulty:
Challenging
Instructions
1
Understand the severe consequences for having gone AWOL. There will be a federal arrest warrant out against you, and you are subject to arrest at any time, even at a routine traffic stop.
2
Show that you were not, in fact, absent during the time the military alleges that you were absent. The AWOL charge against you can only hold if you were actually absent. You may be able to successfully fight the charge if there has been some confusion about your absence.
3
Argue that your absence was authorized. Even if you were absent at the time the military alleges that you were, you may be able to prove that someone authorized your absence as a means to fight your AWOL charge.
4
Prove that you applied for a request for leave and that your request was unjustly denied. This is a slightly more difficult proposition, because the military usually has great leeway in determining when to deny a request for leave. In addition, this argument usually implies that you unilaterally made a decision to leave, despite specific orders that you not leave.
5
Get approval for a workman's compensation claim that applies to the time of your absence. In several cases, a person with a viable workman's compensation claim has successfully fought an AWOL charge.
6
Know that you may need to hire an attorney to help with your AWOL charge. A good military lawyer may be able to get you an administrative discharge from the service and help you avoid a criminal conviction or record.
Tips & Warnings
In some cases, an AWOL charge against a person still stands even if he has shown that he was actually present during part of the time the military alleges he was absent.
AWOL charges can sometimes hold even if the military later approves a person's unauthorized leave.
If you are a member of law enforcement, it may be more difficult for you to fight an AWOL charge. In some cases, members of law enforcement are held to higher standards.
When you leave the military service, your discharge status can be honorable, general or dishonorable. You earn a dishonorable discharge from military...
