GI Rights Hotline

Military Discharges and Military Counseling

Call 1-877-447-4487

AWOL or UA from Active Duty

Army

After you read this fact sheet, please call the Hotline (877-447-4487) to talk over your options with a counselor.

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.

AR 630-10 Absence Without Leave, Desertion, and Administration of Personnel Involved in Civilian Court Proceedings (13 January 2006)

Source
AR 630-10 Absence Without Leave, Desertion, and Administration of Personnel Involved in Civilian Court Proceedings (147 KB)

Comments: To view or download the complete regulation, click on the link to it in the box above these comments.

2-1. Reception station
Reception stations -
a. Enter an electronic Military Personnel office (eMILPO) attachment transaction for Soldiers who fail to arrive when the reporting date is not contradicted by available data.
b. Initiate an inquiry to determine the individual's location and possible reasons for absence after reporting status.
c. Obtain information from the Military Entrance Processing Station (MEPS) on the individual's processing. Two copies of orders assigning the individual to the reception station are also requested as proof that the individual entered active duty.
d. Contact the absentee's next of kin (NOK) requesting information on the individual's location.
e. Notify the Provost Marshal within 24 hours after a Soldier is reported AWOL.
f. Complete all inquiries within 30 days and report the individual AWOL using the original reporting date shown in the orders.
g. Record results of the inquiry on DA Form 4187.
h. Report all absentees as deserters after 30 consecutive days of AWOL.

AR 190-9 Absentee Deserter Apprehension Program and Surrender of Military Personnel to Civilian Law Enforcement Agencies (28 September 2015)

Source
AR 190-9 Absentee Deserter Apprehension Program and Surrender of Military Personnel to Civilian Law Enforcement Agencies (28 September 2015) (69.2 KB)

Comments: To view or download the complete regulation, click on the link to it in the box above these comments.

Chapter 2

Reporting Absentees

2-2. Deserter Reporting

a. The unit commander will—
(1) Immediately report an absentee as a deserter to the DCO (if applicable) or the PMO/DES (by means of DD Form 553) when one or more of the following applies:
...
(f) The Soldier remains absent for 30 consecutive days and is administratively dropped from the rolls (DFR) by means of DA Form 4187 (Personnel Action).

(2) In the remarks section of the DD Form 553, add any other known information about the Soldier such as:
(a) Attempts made to locate Soldier.
(b) Date next of kin letter sent.
(c) Confirmed or suspected drug use/abuse.
(d) History of violence.
(e) History of escapes or attempted escapes from custody.
(f) Suicidal tendencies.
(g) History of other unauthorized absence(s).
(h) Recent deployments within the past 12 months.
(i) Data pertaining to any aliases or also known as (for example name and social security number).

b. The DCO (if applicable) will—
(1) Ensure that the unit commander has accurately completed the DD Form 553 by validating Soldier’s information in personnel records systems (iPERMS and electronic military personnel office (eMILPO)).
(2) Ensure procedures in paragraph 2–3 are completed if absentee meets the criteria of appendixes B, C, and D of this regulation.

(3) Obtain a photograph of the absentee, if possible.

(4) Report absentees as deserters to the PMO/DES within 24 hours of receipt of the DD Form 553.

(5) Upon receipt of completed DD Form 553 from PMO/DES, forward to unit commander.

c. The installation PMO/DES desk sergeant will—
(1) Upon receipt of DD Form 553, update the LER adding the offense of desertion to a previously reported AWOL associated with this incident. If a LER was not previously prepared for this incident, the PMO/DES will initiate an LER to document both the AWOL and desertion offenses and all actions pertaining to this incident.

(2) Complete sections of the DD Form 553, adding any known information about the Soldier such as—
(a) Installation and state vehicle registration number.
(b) Criminal charges of violent crime(s) for which there is a record or an active investigation in which the absentee is a suspect or titled subject for violent crimes.
(c) LER number.

(3) Upload a copy of the DD Form 553 to the LER.

(4) Forward DD Form 553 to the USADIP for entry of warrant into NCIC.

(5) If applicable, return completed DD Form 553 to the DCO within 24 hours.

AR 635-200 Active Duty Enlisted Administrative Separations (28 Jun 2021)

Source
AR 635-200 Active Duty Enlisted Administrative Separations (28 Jun 2021) (7.3 MB)

Chapter 10
Discharge in Lieu of Trial by Court-Martial
10-7. Discharge authority The separation authority will be a commander exercising general court-martial jurisdiction or higher authority. (See para 1-19a.) However, authority to approve discharges may be delegated to the commander exercising special court-martial convening authority over the soldier (see paras 1-19c(5) and 1-19l) in cases in which all of the following apply to the soldier. He/she--
a. Has been AWOL for more than 30 days.
b. Has been dropped from the rolls of his/her unit as absent in desertion.
c. Has been returned to military control.
d. Currently is at the PCF.
e. Is charged only with AWOL for more than 30 days.