GI Rights Hotline

Separaciones (discharges) e información para militares

Llame al 1-877-447-4487

AFI 36-2911 DESERTION AND UNAUTHORIZED ABSENCE (15 OCTOBER 2009)

Commentario: Para ver o descargar la norma entera, haga clic en su enlace, que está dentro de la casilla que se encuentra arriba de estos comentarios.

...

Chapter 1
UNAUTHORIZED ABSENCES

...

1.3. When Unauthorized Absence Begins and Ends. An unauthorized absence starts when a member is absent from where he or she is ordered or otherwise required to be present. For an unauthorized absence of 24 consecutive hours or less, classify as failure to go instead of absence without leave (AWOL). For an unauthorized absence of more than 24 hours and less than 30 days, classify as AWOL... An unauthorized absence ends when the absentee or deserter returns to military control.
...

1.5. Classify a member as a deserter who:

1.5.1. Has been AWOL for 30 consecutive days. If the absence lasts through 2400 on the 30th consecutive day, change the absentee's status to deserter at 0001 on the 31st day (on the 10th day during times of emergency or war declared by the President or Congress). Note: Member does not have to be placed in AWOL status prior to being placed in deserter status if the member meets the criteria in paragraph 1.5.2.

1.5.2. Is AWOL for any amount of time and meets any of these criteria:

1.5.2.1. The commander has determined, as the result of the investigation, that the member has no intention of returning

1.5.2.2. Is under the duty or travel restrictions that DoD 5200.2-R/AFI 31-501 imposes.

1.5.2.3. Has had access in the past 12 months to Top Secret information or other classified information that requires special access authority (see paragraph 2.2.7). Note: Do not classify a person who appears to be a casualty as a deserter solely because the person has had access to classified material described herein.

1.5.2.4. Has gone to, or stayed in, a foreign country and, while there, has asked for or taken any type of asylum or resident permit from that country or its governmental agencies.

1.5.2.5. Has action pending on a previous unauthorized absence that has not been completed.

1.5.2.6. Is an escaped prisoner.

1.5.2.7. Is under investigation for violating the Uniform Code of Military Justice (UCMJ) as listed in Attachment 4 or against whom charges for any offense have been referred to a General Court-Martial.

1.5.2.8. AFPC/DPWCM has determined member is in a deserter status.

Commentario: "AFPC" significa Air Force Personnel Center (el centro del personal de la Air Force).

1.5.2.9. Goes or remains absent from his or her unit, organization, or place of duty with intent to remain away from there permanently.
...

Chapter 4
ACTIONS TAKEN WHEN AN ABSENTEE RETURNS TO MILITARY CONTROL

...

4.4. Return to the Air Force at Other than the Unit of Assignment:

4.4.1. Disposition Instructions:

4.4.1.1. Absentees gone for less than 1 year will be returned to the unit they were assigned to at the time of their unauthorized absence.
...

4.4.1.2. Members absent for 1 year or more will stay at the nearest Air Force installation with facilities for handling of the case.
...

4.7. Commanders Determination. The action unit commander:
...

4.7.5. A commander who finds that an absence was:

4.7.5.1. Avoidable, takes appropriate disciplinary action if warranted. Consult with SJA.

Commentario: "SJA" significa Staff Judge Advocate (abogado militar).

4.7.5.2. Unavoidable, excuses it. The absence does not count as lost time to be made good. Charge it to leave if it is not authorized for another reason... Examples of excused absences not charged to leave include:

4.7.5.2.1. When a member's lack of mental capacity causes the absence.

4.7.5.2.2. When civilian law enforcement authorities hold, try, and acquit a member.