A service member in the military who does not report for duty is often subject to serious charges. Three offenses fall within this category: absence without permission (AWOL), military desertion, and missing movement. Each of these offenses carries severe penalties, up to and including death for military desertion in time of war.
Going Absent Without Leave (AWOL)
The military uses the term AWOL which means that you’re not in the place you’re supposed to be at a specific date and time. After a set amount (usually 30 days), the AWOL status changes to military desertion. This is a serious offense and can range from 15 minutes late to being put on the FBI Most Wanted List.
It is improbable that a person who’s been AWOL or has been placed in military desertion status will receive the most severe punishment after returning to the military, except in extreme circumstances (for instance, if someone was AWOL and later went on a criminal spree). Additionally, the maximum punishment under military laws is life in prison or death if the desertion was executed to avoid the threat of war.
Article 86: Absent Without Leave Punishments
There are a variety of AWOL penalties, which typically depend on the gravity or the circumstances that led to an individual’s absence. The maximum penalty for this crime will depend on the circumstances that caused the absence.
Failure to report to or depart from the duty location (such as arriving late to work, leaving early, or not showing up for an appointment):
- Military confinement for a month
- Reduction to the lowest enlisted grade
- Forfeiture of two-thirds monthly pay for one month
If the individual is on watch or guard duty and then abandons the post without authorization and with the intention to leave the post:
- Discharged for bad conduct and forfeiture of all wages or allowances
- Reduction of the lowest enlisted grade enlisted
- Imprisonment for up to six months
If the individual is on watch or guard duty and then abandons the post without authorization, however, their intent wasn’t to leave the post:
- Detained for three months in prison
- Reduction to the lowest enlisted grade
- Forfeiture of two-thirds pay for three months
If the soldier is absent from the organization, unit, or a different place of duty for more than 3 days:
- Detained for up to one month in prison
- Reduction to the lowest enlisted grade
- Forfeiture of two-thirds of pay for a month
If the individual is absent from the unit, organization, or a different duty location longer than thirty consecutive days:
- Discharged dishonorably with forfeiture of all compensation or allowances.
- Reduction to the lowest enlisted grade
- A period of one-year confinement
If the individual is AWOL with the intention to stay clear of any field exercise or maneuver misconduct discharge:
- Loss of all allowances and payments
- Reduction to the lowest enlisted grade
- Imprisonment for up to 6 months
Article 85: When AWOL Becomes Military Desertion
The most serious of these is desertion. of all the offenses committed by absentees. The main distinction between AWOL and military desertion is the intention to avoid the military for a long time. The penalties and desertion punishment vary according to duration and intention.
Military Desertion Penalty
If the individual deserted but then voluntarily returned under military control:
- Dishonorable discharge
- Loss of all allowances and payments and reduction to the lowest enlisted grade
- Three years in confinement
If the individual deserted and was later terminated with apprehension:
- Dishonorable discharge and forfeiture of all wages and allowances
- Reduction of the lowest enlisted grade
- Confinement for 3 years
If the individual deserted with the intention to avoid dangerous duty or to avoid important service:
- The punishment is dishonorable discharge
- Forfeiture of all pay or allowances
- Reduction to the lowest enlisted grade
- Confinement for five years
If the individual deserts in the time of war, the member could be sentenced to death or a different penalty (such as life imprisonment) that a court-martial might decide.
What To Do If You’ve Been Accused Of Military Desertion?
The fact that you were accused does not guarantee that you will be automatically deemed guilty. There could have been a legitimate reason for leaving your post without permission. You will need the assistance of a military criminal defense lawyer to prove this.
Our firm has years of experience in dealing with military cases, and we can protect your interests in the courtroom. We can construct the solid defense you require, thanks to our unwavering work ethic, exceptional legal ability, and extensive knowledge.
Don’t let a military desertion accusation jeopardize your freedom and damage your career. To learn how we can help you, get in touch with Court & Carpenter today!