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AWOL: a few questions.

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  • #16
    Re: AWOL: a few questions.

    Your best bet is to attend drills regularly, stop doing drugs (stupid), and have your tail between your legs when you beg for forgiveness and a second chance. I know some states (mine in particular) although the Commander is required to start the paperwork to chapter you out, if you have any sort of hope of being redeemed you can get a second chance. You could potentially do your time and call it day, vs going through all the BS.

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    • #17
      Re: AWOL: a few questions.

      Originally posted by Polo08816 View Post
      Are you serious? When have you ever seen this work? Either you've confused an urinalysis test with an APFT or you're a terrible barracks lawyer. Pro tip: there aren't that many "do-overs" for a failed UA test as there are for a failed APFT.

      Excellent post! lol. From personal experience, I am more apt to listen to the wisdom of a Marine PFC than an Army Specialist

      This is the excellent barracks lawyer movie



      OP, as many has alluded to, the Army and other services provide an abundance of services to help you with your substance abuse. If you do not choose to utilize those services and engage in self-referral then the onus is on you and understand the consequences.

      I know everyone is different but many here are combat vets as well who have seen bad stuff in their lives and in combat. Like I have mentioned about myself, I have experienced seeing death since I was a child and I do not think because of that, my mental resiliency is better than anyone else. I just think like anything else in life, it is how you address the problem and circumstances. Also, those actions will not help you get a higher rating at VA nor garner sympathy. They just see you as an adult who still ends up making poor choices and the positive urinalysis will do more harm than ever.

      Just do the right thing and things should go better in your direction. Use the resources at your disposal. Good luck.
      Last edited by Chief Kemosabe; March 11th, 2013, 05:18 PM.

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      • #18
        Re: AWOL: a few questions.

        Originally posted by spcrock View Post
        Do not miss any drills and let them try to put you out on your dirty UA test.Ask them to retest also and say that the dirty UA was not right and you would like another test.
        If you are going to be a barracks lawyer, at least do a little google searching for the commanders hand book. Better yet, he actually gets a real attorney to review his discharge packet.

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        • #19
          Re: AWOL: a few questions.

          If you are fine with being removed with a General OTH discharge, then suit yourself. Remember, you received a recommendation for a reason; they have to wait for your rebuttal. I can tell you pretty much quit too which is your prerogative.

          I had a Soldier in the NG who played the 'this was my first time' game as soon as he witnessed a UL table set-up. He 'confessed' the first time during monthly counseling (yes I counseled my Guardsmen once a month); a few months later while I was in School; he did the same thing to the 1SG. But this time his sample was tested and it came back positive for cannabis. Since I had counseled the SM (verbally) and had sent him an e-mail warning him to 'be careful' what he does BEFORE his sample was positive; JAG led him self-refer and he had to provide proof he was being treated. NO reduction, NO recommendation for discharge.

          So, one of the posters here had something when they stated if you have been treated for PTSD already through the VA, it can be considered a referral or treatment and your sample tested positive (if it is your first time) as a lapse.

          As to the AWOL which was your question: I see a lot but a lot of SMs here confuse what AWOL actually is. AWOL is being absent from duty, without intention of deserting AND your command does NOT know where you are. In the Guard and Reserves being AWOL means that you missed up to 8 consecutive MUTAS and you have NOT requested a Split, or a leave of absence (yes you can request that) OR you DID NOT tell your Chain of Command where you were. If you call, e-mail or physically tell your Squad leader (or anyone in your unit, basically) where you are, that you are alive and you are not going to show up to drill because of health reasons... or whatever the reason is; it is no longer AWOL. Ensure however, that the information gets filtered down. SO your BEST bet would be to notify your Readiness NCO and First line supervisor. I bet your RDNCO will tell your Commander if your Squad leader is too lazy to send e-mails or pick up the phone. There is a reason why they send the Cops to your home in some States; because they do not know where the Soldier is, they must rule out death, sickness, confinement, etc. My unit would send NCOs to the Soldier's home first to give them the benefit of the doubt when they absolutely tried every other means of communication to find out where the Soldier was. Some Commanders will not tell the Enlisted Soldiers but JAG will ask the Command before an AWOL letter is sent if all communications with the Soldier were established. If the Commander is proven wrong; (believe me it happens a lot) JAG along with HR will consider any AWOL proceedings null and void. I have plenty of examples of Soldiers in the Guard who went on contracting jobs overseas (specially amid our continuous recession that affected Guardsmen and Reservists the most in some States) whose Commanders denied ING status. Soldiers did notify their Commanders that they have to feed their families and of course some Commanders just do not care; they just want to 'clean' their UMRs. SO, these SMs cannot be AWOL, they will be coded absent; and not get their retirement points. When and IF they return to their units of assignment, they get counseled for the absence or chaptered out. I know it was long, but I hope I was able to clarify the legal ramifications that are usually 'led out'.

          The Guard and Reserves Commands and full time staff sometimes think they can do what they want. But that is far from the Truth. Lots of regs are regorgitated out of publications without due diligence, without consideration to policies and case by case situations and real life examples that actually took place. Lots of SMs regorgitate what their Senior Leaders tell them and never question it or go look it up themselves. Do not fall for that. I believe your case is salvageagle. Instead of just not showing up; at least call them and grant them the respect. I would also advise you do it over e-mail (send it with return receipt via AKO) so that you have a track record of your communications with them. Remember, in the Armed Forces, if it is not written; it never happened.

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          • #20
            Re: AWOL: a few questions.

            Actually the NG does have somewhat of a second chance program for hot tests. It is up to the Commander (and likely with your leaders advise also) if they discharge you or suspend your discharge and put you in the program. It is called Suspension of Separation. If you have something to add to the good of the Army and it is an isolated incident and you have a pretty good track record besides this, they can suspend the discharge for 12 months or until you mess up again. They then have you do some assesments with your own money, at least quarterly testing, and a good attitude. Discharge papers are started no matter what. Then if you mess up in the 12 months, you dont get another chance. End of story and end of the military for you. Again, it is a Command decision. They dont have to do it. You have a few more rights if you have over six years service...like to a discharge board instead of Command decision, although usually those people on the Board also know your Leadership and we all know how that goes...

            AR 135-178 will be a good tool for you to use because I dont sense your leadership giving you more info then JAG requires.

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            • #21
              Re: AWOL: a few questions.

              Did someone say they needed a barracks lawyer?

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