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
Navy
After you read this fact sheet, please call the Hotline (877-447-4487) to talk over your options with a counselor.
Contents
MILPERSMAN Section 1600-010 (16 April 2015) DESERTERS
- Source
- MILPERSMAN Section 1600-010 (14 Aug 2007) DESERTERS (203 KB)
Comments: To view or download the complete regulation, click on the the link to it in the box above.
1. Policy
a. A member may be declared a deserter
(1) immediately, if the facts and circumstances of the member's absence, without regard to the length, indicate the member committed the offense of desertion, as defined in reference (a), article 85; or
(2) if the member has been absent without authority for 30 consecutive days; or
(3) immediately, if member is absent without authority, without regard to length of absence, and has gone to, or shown intention of going to any foreign country, or remains in any foreign country and requests or accepts any type of asylum or residence from that country or its governmental agencies.
Comments: Note that being declared a deserter is not the same as being charged with the offense of desertion.
MILPERSMAN Section 1600-030 (22 Feb 2015) ACCEPTANCE AND DISPOSITION OF RETURNED DESERTERS
- Source
- MILPERSMAN Section 1600-030 (13 May 2013) ACCEPTANCE AND DISPOSITION OF RETURNED DESERTERS (174 KB)
Comments: To view or download the complete regulation, click on the the link to it in the box above.
1. Policy. Any military installation of command, manned by active duty members, may receive absentees and deserters. Absentees/deserters should be subsequently transferred to the nearest installation of their branch of service which has the facilities to process absentees/deserters. Navy Absentee Collection and Information Center (NACIC) will direct the movement of apprehended Navy deserters.
2. Procedures
…
b. Enlisted personnel, absent for 119 days or less, will normally be returned to their original duty station from which they deserted; however,
(1) deserters absent from an overseas shore activity, unit homeported overseas, or deployed unit absent from homeport for more than 90 days consecutively, who return to military control within the 48 contiguous United States, Puerto Rico, Alaska, or Hawaii, will be transferred to the Navy processing unit closest to the point of apprehension/surrender.
(2) for deserters absent from an overseas shore activity, unit homeported overseas, or deployed unit, who return to military control in an overseas area other than where the parent command is located, contact NACIC for guidance.
(3) deserters absent from an overseas shore activity or unit homeported overseas, absent for 119 days or less, who return to military control in the overseas area where the parent command is located, will normally be returned to their parent commmand for disciplinary processing.
(4) deserters absent 119 days or less, assigned to an at-sea ship or unit not deployed, will be returned to Transient Personnel Unit (TPU) at homeport of unit for further transfer to the unit upon return to port.
(5) deserters absent 119 days or less, assigned to an at-sea submarine (not deployed), will be returned to the submarine's parent squadron/group or the TPU at the submarine's homeport.
(6) deserters absent for 120 days or more will be returned to the Navy processing unit closest to the point of apprehension or surrender. Navy processing activities for the purpose of this article are
TPU, Puget Sound, Sliverdale, WA;
TPU, Jacksonville, FL;
TPU, Norfolk, VA;
TPU, San Diego, CA; and
TPU, Pearl Harbor, HI.
Comments: This regulation authorizes a TPU to discharge members of the Navy absent 120 days or more. However, the Navy has currently been allowing members absent over 120 days to receive a discharge in absentia without requiring any surrender at a military base. GI Rights counselors can provide more information about this issue. 877 447 4487.