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  • AWOL: a few questions.

    Hello all.

    Last night, I was handed my recommendation for discharge (general OTH) per failed UA test, as well as bar to reenlistment, etc. Typical hot-piss type of stuff. I am perfectly fine with being removed from the brotherhood. I served my time in OEF11 and have given 4.5 yrs of my life to the organization. My question is regarding the legal ramifications of me staying home today because, **** it, I don't want to show up and sit around in the rain (perm profile prevents me from training with PPE, therefore, rendering me absolutely worthless on the battlefield/training field.

    Essentially, I want to ensure that the Iowa code of mil just does not say "hey by the way, we're sending a recovery team the second we realize you aren't here".

    I'm cool with being out of the army, just want to make sure I'm not going to end up in leavenworth for deciding that not showing up when I'm on my way out is a good idea.


    Edit: fixed failure to communicate effectively using english.

  • #2
    Re: AWOL: a few questions.

    To me, military service is not just how you start or what you done in the middle but how you finish.

    Also, you do not fall under Article 86 - AWOL/UA since you are not active duty. This has been discussed and clarified many times on this forum.

    Read

    http://usmilitary.about.com/od/justi...on/a/awol8.htm

    Under Article 2 of the Uniform Code of Military Justice, members of the Army and Air National Guard are not subject to the UCMJ unless they have been called to FEDERAL active duty service. This means that members of the National Guard cannot be punished (Court-Martial or Article 15) for missing weekend drills or failing to show up for the two weeks of annual training. This is because, unless called up to Federal active duty service, the National Guard belongs to the individual STATE and not the federal government. However many states have enacted state laws which mimic the UCMJ articles for Guard members performing state service.

    Comment


    • #3
      Re: AWOL: a few questions.

      Originally posted by Chief Kemosabe View Post
      However many states have enacted state laws which mimic the UCMJ articles for Guard members performing state service.
      I am already aware of the info you posted. I am asking for information regarding the Iowa code of mil just, not UCMJ.

      As for the definition of service: how you choose to see it is based on your personal morals and values. Me, I feel nothing in terms of compassion towards the army. They ****** me up pretty good and failed to assist in fixing me. I am taking all measures to ensure this does happen (VA and vet center appts weekly regarding PTSD, depression, substance abuse, etc), but I am still left wondering about the legal ramifications of not attending drill, as per my state's requirements.

      Sidenote regarding service: I saved lives, and I've given all the knowledge I have to give. I literally perform no duties at drill, due to my current status and profile, and feel rather like it is a waste of time, given recent events, to attend.

      Comment


      • #4
        Re: AWOL: a few questions.

        Why don't you call your sergeant and ask him what the ramifications will be? AWOL is a UCMJ not state Guard term. Again, to let you know, Leavenworth is a federal prison. So, do not worry, on being sent there since it does not apply to your status.

        Good luck with your life.

        Comment


        • #5
          Re: AWOL: a few questions.

          Serving honorably can be done whether you're on a profile or not. Not living up to your oath and your contract will bring great shame upon you sooner or later. Any ounce of respect your fellow soldiers had for you will go down the drain. You need to talk to someone you can trust about your situation and then explore other options. You only have ~18 months before you can ETS into the IRR.

          By the way, if you drill out of Camp Dodge...I am not too far from there. Feel free to PM me.

          Comment


          • #6
            Re: AWOL: a few questions.

            Originally posted by SteveLord View Post
            Serving honorably can be done whether you're on a profile or not. Not living up to your oath and your contract will bring great shame upon you sooner or later. Any ounce of respect your fellow soldiers had for you will go down the drain. You need to talk to someone you can trust about your situation and then explore other options. You only have ~18 months before you can ETS into the IRR.

            By the way, if you drill out of Camp Dodge...I am not too far from there. Feel free to PM me.
            I'm not quite sure what his options are. At best he is looking at a reduction in rank if not an outright discharge.

            Originally posted by Redcell705 View Post
            Hello all.

            Last night, I was handed my recommendation for discharge (general OTH) per failed UA test, as well as bar to reenlistment, etc. Typical hot-piss type of stuff. I am perfectly fine with being removed from the brotherhood. I served my time in OEF11 and have given 4.5 yrs of my life to the organization. My question is regarding the legal ramifications of me staying home today because, **** it, I don't want to show up and sit around in the rain (perm profile prevents me from training with PPE, therefore, rendering me absolutely worthless on the battlefield/training field.

            Essentially, I want to ensure that the Iowa code of mil just does not say "hey by the way, we're sending a recovery team the second we realize you aren't here".

            I'm cool with being out of the army, just want to make sure I'm not going to end up in leavenworth for deciding that not showing up when I'm on my way out is a good idea.


            Edit: fixed failure to communicate effectively using english.

            Comment


            • #7
              Re: AWOL: a few questions.

              Thanks LT. That's an important piece to the story I forgot about.

              Comment


              • #8
                Re: AWOL: a few questions.

                I'd always heard a discharge for a failed UA wouldn't happen if you went into some sort of therapy program. The fact that the VA is treating you regularly for PTSD shows your having serious problems. Is your chain of command aware of your mental health issues? Don't accept that type of discharge without a fight! Get your medical records to someone higher up in the food chain and ask them to help you. Talk to your 1st Sgt. Talk to your CSM. Talk to the IG. Most importantly DON'T skip drill. Show up and do your best! Even if it does suck. Your thinking about the now. Think about what the future and how your record could srew you out so many good careers.

                Comment


                • #9
                  Re: AWOL: a few questions.

                  Originally posted by JDuncan View Post
                  I'd always heard a discharge for a failed UA wouldn't happen if you went into some sort of therapy program. The fact that the VA is treating you regularly for PTSD shows your having serious problems. Is your chain of command aware of your mental health issues? Don't accept that type of discharge without a fight! Get your medical records to someone higher up in the food chain and ask them to help you. Talk to your 1st Sgt. Talk to your CSM. Talk to the IG. Most importantly DON'T skip drill. Show up and do your best! Even if it does suck. Your thinking about the now. Think about what the future and how your record could srew you out so many good careers.
                  That's not really great barracks lawyer advice.

                  The discharge is going to happen. By AR, the commander has to begin the separation paperwork and it'll most likely be approved. Going to the IG, 1SG, CSM ect isn't really going to do anything. The most he can hope for is an upgraded discharge. Treatment only works if the SM is self referred before the urine analysis.

                  OP, at least go to drill and if you want to appeal your discharge, follow the instructions in the letter and make sure you meet the time requirements.

                  Comment


                  • #10
                    Re: AWOL: a few questions.

                    Originally posted by RedLeg View Post
                    That's not really great barracks lawyer advice.

                    The discharge is going to happen. By AR, the commander has to begin the separation paperwork and it'll most likely be approved. Going to the IG, 1SG, CSM ect isn't really going to do anything. The most he can hope for is an upgraded discharge. Treatment only works if the SM is self referred before the urine analysis.

                    OP, at least go to drill and if you want to appeal your discharge, follow the instructions in the letter and make sure you meet the time requirements.
                    What are the repercussions or consequences in this scenario?

                    Comment


                    • #11
                      Re: AWOL: a few questions.

                      Skipping drills makes any allies and credibiltiy you might have had in the military disappear quickly. Can't stress this enough.

                      Comment


                      • #12
                        Re: AWOL: a few questions.

                        Originally posted by Polo08816 View Post
                        What are the repercussions or consequences in this scenario?
                        There are none. If you self refer youself into treatment for substance abuse the UA tests they give during that fall under the limited use policy. Nothing derogatory can be used against you...although there are alwways questions that must be answered when talking about security clearance paperwork.

                        Comment


                        • #13
                          Re: AWOL: a few questions.

                          Originally posted by Polo08816 View Post
                          I'm not quite sure what his options are. At best he is looking at a reduction in rank if not an outright discharge.
                          If they are really going after an OTH, he will be an E-1 with the loss of almost all benefits on the way out the door anyway.

                          Comment


                          • #14
                            Re: AWOL: a few questions.

                            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.

                            Comment


                            • #15
                              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.
                              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.

                              Last edited by Polo08816; March 11th, 2013, 01:46 AM.

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