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AWOL stands for Absent without Leave. It is used in the US military to describe when a soldier or some other service men have left their post without taking permission. Going AWOL entails many consequences and punishments. This article provides answers to some of the most commonly asked questions about issues related to this. What happens to a service man when they go AWOL? How long does it take for them to be dropped?
These days the military does not go looking for service men who is absent without leave. Rather, the norm is that after 31 days of being absent without leave, they will be considered dropped from roles. At this time their name figures in the data system allowing the local law enforcement throughout the nation access their status of AWOL. Their status will be absentee, wanted by the Armed Forces. Even with this status they can work without the risk of being picked up for working. However, if they are stopped by law enforcement, they can hand this person over to the military. In some states the sheriff routinely verifies if any person stopped by them is wanted by the Army for AWOL. If stopped, they are taken to a holding facility on the nearest military base. Then they will contact the unit whether the person is wanted by them. If not, in many cases, they are given an administrative discharge under other than honorable conditions. In California what can happen if someone goes AWOL in the National Guard?
Usually, when a person does that, the National Guard will give an other than honorable discharge. It might be considered a case of misconduct and be asked for discharge based of absent without leave. Other Than Honorable will be tagged with this person’s permanent record, which might adversely affect any future employment opportunity. The Veteran Affairs benefit might also be affected. If someone’s child went AWOL for two years, what can happen when they are arrested?
In such a case, either they will be sent to court by the Army or they will be processed administratively. The individual may ask for an attorney for defense, depending of the nature of service required. If the military wants an adverse discharge, then the individual is entitled to an attorney. They can also be prosecuted in the court by the military. If they were arrested, most probably they will start out this way. If there is a criminal prosecution, the services of military defense counsel will assist in their defense. If this case is initiated in a court martial, the person might be offered a plea bargain for an administrative separation. If someone goes AWOL to avoid re-deployment after serving for four years in active army, can the army still look for him?
While there is a possibility that they have been dropped from rolls and got an administrative discharge, it is also possible that they have not and a warrant could be out for their arrest. In that case, if they are caught at some time they could be arrested. However, in case they were dropped or separated, the service would have created a DD214 and mailed this to the address on record. A soldier might go AWOL to get out of their contract with the Army either because they feel the path is not right for them, or just because they can’t agree with a particular order. If they make such a decision without taking due permission, they might invite legal consequences. In case one is faced with such a situation, it is advisable to ask a military lawyer to decide the best course of action and act accordingly.
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