Army commands have a lot of discretion regarding the ways they handle differents situations involving Absence offenses (AWOL and Desertion). There are many factors that can influence consequences. GI Rights Hotline is aware that other sources online have posted oversimplifications of how such cases are handled sometimes leading to disappointment when actual outcomes are different than expected. (Sometimes outcomes are better than what was expected.) While there are some probabilities, our experience is that people in such situations need to know there are no guarantees or rules obligating the military to give the desired outcome. GI Rights counselors are available to discuss trends and considerations that may be useful in deciding how to resolve absences from the Army.
AWOL or UA from Active Duty
Department of Defense
After you read this fact sheet, please call the Hotline (877-447-4487) to talk over your options with a counselor.
Contents
DoD Directive 1325.02 Desertion and Unauthorized Absence (16 November 2012, Incorporating Change 31 March 2017)
- Source
- DoD Directive 1325.2 Desertion and Unauthorized Absence (16 November 2012, Incorporating Change 31 March 2017) (134KB)
Comments: To view or download the complete regulation, click on the the link to it in the box above these comments.
3. Apprehension
...
b. Return to Military Control
(1) Absentees and deserters shall be received at any military installation having facilities
to process absentees and deserters that is manned by active duty personnel. Immediate action shall be taken to transfer an individual to the nearest installation of his or her Military Service.
(2) Military authorities shall initiate actions to return Service personnel to military
control within 48 hours after receiving notification of the absentee’s or deserter’s place of
detention. Inter-Service agreements will be used to facilitate the transference of custody of
absentees and deserters of all Military Services.
DoD Directive 1332.14 Enlisted Administrative Separations (January 27, 2014 Incorporating Change 2, Effective 27 January 2017)
- Source
- DoD Directive 1332.14 Enlisted Administrative Separations (January 27, 2014 Incorporating Change 2, Effective 27 January 2017) (397 KB)
Comments: To view or download the complete regulation, click on the the link to it in the box above these comments.
Enclosure 3 REASONS FOR SEPARATION
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11. SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL
a. Basis. Upon request by the enlisted Service member, the enlisted Service member may be
separated in lieu of trial by court-martial if charges have been preferred with respect to an
offense for which a punitive discharge is authorized, and it is determined that the enlisted Service
member is unqualified for further military service under the guidance set forth in section 1 of
Enclosure 4. This provision may not be used when Rule for Court-Martial 1003(d) of Reference
(m) provides the sole basis for a punitive discharge unless the charges have been referred to a
court-martial empowered to adjudge a punitive discharge.
b. Characterization or Description. Characterization of service normally will be under other
than honorable conditions, but characterization as general (under honorable conditions) may be
warranted under the guidelines in section 3 of Enclosure 4. For respondents who have completed
entry-level status, characterization of service as honorable is not authorized unless the
respondent’s record is otherwise so meritorious that any other characterization clearly would be
inappropriate. When characterization of service under other than honorable conditions is not
warranted for an enlisted Service member in entry-level status in accordance with section 3 of
Enclosure 4, the separation will be described as an entry-level separation.
Comments: The usual characterization of service for an administrative discharge instead of a court-martial is Other Than Honorable, not Dishonorable.
c.
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(6) The separation authority will be a commander exercising general court-martial
jurisdiction or higher authority as specified by the Secretary concerned. As an exception, the
Secretary concerned may authorize general court-martial convening authorities to delegate
authority to the special court-martial convening authorities to approve requests for discharge in
the case of enlisted Service members who:
(a) Have been absent without leave for more than 30 days.
(b) Have been dropped from the rolls of their units as absent in desertion.
(c) Have been returned to military control.
(d) Are assigned to a regional personnel control and/or separation processing facility.
(e) Are charged only with being absent without leave for more than 30 days.
Comments: This is the regulation that allows but does not require an administrative discharge instead (Latin: in lieu) of a court-martial for absences of over 30 days.