I know someone who is A.W.O.L from the U.S. Coast Guard as of today. In two weeks, she'll be considered a desserter. They have an idea of where she went.Canada. So what is the difference between the 2 and how long can I expect this person to sit in jail when she gets caught? She was trying to get out on a medical discharge. Apparently it was taking too long for her. She hasn't been quite right since basic training. She's only been in a few months.
Answers:
I'm sorry to hear your friend is having issues. It will be fine.
Your getting alot of wierd answers on this question, allow me to brief you on military law and ethics.
AWOL is separate from Desertion. Desertion can only be charged after 30 days absence and the prosecution can proove she had "No Intent" on returning to military control; the 30 day issue is "presumptive law" taking effect as after that time period it makes it easier to prosecute for the accusation of Desertion.
It is Highly Unlikely your friend will even be charged with Desertion as 99% of such cases are refered as AWOL which carries a maximum sentence of a Bad Conduct Discharge (BCD), six months confinement and forfieture of 2/3 pay for six months; this can only be issues by a "Special Court" and constitues a Misdemenor crime only.
It is also Highly Unlikely she will be court martialed due to her Application for medical discharge and MEDICAL CONDITION. HIGHLY UNLIKELY as they are not in a position to punish ill personel.
I recommend she do two things today, if you can tell her: one, telephone her command and tell them she is ok and will be back within a few days and two, telephone or see a JAG defense lawyer and a psychiatrist or psychologist and get an evaluation ON PAPER for her defense lawyer.
She can make arraingments to return to base by obtaining "stragglers orders" from almost any military command. Or, she can simply drive back and report to her own C.O.
Her C.O. has Total Control of her, period, Period...
Her C.O. can elect to do Nothing, send to to the base Shrink. I personaly doubt if any C.O. of a disturbed Sailor would be thrilled to arrest a patient with her issues.
Her remaining away will not work, she will be cut off from her family, always looking over her shoulder and the F.B.I. will actually hold an arrest warrant for her within 45 days at best.
Again, have her contact her Commander, let the Commander know she "screwed up" and then iron out the details for her return. The C.O. would be happy to know that she has enough respect for the command to call and come back.
After that it will only get better.
Be advised I have JAG experience and this is the normal way to deal woith these issues; it will be fine.
it sounds like you are not her friend. i personaly have no love for desserters...but you need to keep you nose to yourself. the military will find her and will punish her no matter how long it takes to get her back into custody.
She had better turn herself in. The longer she is AWOL the worse it will be for her. Canada is not so friendly and welcoming any more to deserters.
Sounds like she's eligible for a bad conduct discharge.
A.W.O.L is ''absent without leave''....She is a Deserter because she went A.W.O.L during a time of war. The highest punishment for being A.W.O.L during a time of war is death. But it usually doesn't happen like that. If they catch her, they might just force her to go back to her unit, while the prepare for court marital, where she will definitely lose pay, rank and face jail time, but there isn't any way to determine how much jail time she will face without knowing the whole story. Instead of running away, she should have spoken to her chaplain, the chaplain could have helped speed up the process, or referred her to mental health.
Good on her. I would hate to work for the millitary. Especially someone who works for the facists in the US government. Shame, really that one of the most beautiful countries in the world is under the control of the -cough- Nazi s -cough- 'Republicans', yes.
Maybe is the Democrats were in power, the world would be put into better hands. Better ethics and all...
This may sound drastic, but claim extreme injury on your mates behalf for him or her. If they do not believe you, or want proof, MAYBE... Sustain an injury on purpose...
Sorry, I am not very helpful. =[
The penalty in war time for desertion is execution by firing squad. There are other legal means to fight an unlawful order, but desertion is not one of them. In your friends case I see a dishonorable discharge and maybe some time in prison. She needs to turn herself in and I think under her circumstances she will just get the discharge. If she goes back now she will probably get reduction in grade, resrtiction, and a fine. Please tell your to face the music and everything will work out.
sounds like you want to turn her in , is she your ex-wife? you seem to know a lot of info are you harboring the fugitive? maybe you should turn yourself in for treatment.better yet go enlist and take her place on those pretty boats with flags waving next to the machine guns, and take swimming lessons in case your boat is shot up by drug smugglers trying to sell their stuff to your kids. she can deal with her own mistakes , go ask the JAG how long this could take..
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