Going AWOL (absence without leave) in the National Guard triggers serious legal and administrative consequences. Because National Guard members can be subject to both federal military law (UCMJ) and state authorities, a missing service member may face a range of disciplinary actions, criminal charges, and long-term effects on their military career and civilian life. This article outlines what happens after an AWOL incident, how the process unfolds, and what protections and options exist for affected servicemembers.
Overview Of AWOL And Desertion In The National Guard
AWOL means a service member is absent from duty without proper authorization. In the National Guard, an absence can be treated as AWOL under the Uniform Code of Military Justice (UCMJ). If the absence suggests a deliberate intent to remain away, it can escalate to desertion, which carries more severe penalties. The distinction between AWOL and desertion hinges on intent and duration, the context of the absence, and whether the member has knowledge of or plans to return. The National Guard also operates under state authority, meaning some actions could be addressed through state-level courts-martial or administrative processes in addition to federal action.
Immediate Administrative And Legal Steps
When a Guard member goes missing, command orders and military police investigations typically begin promptly. Key steps include:
- Notification Of Absence: The member’s chain of command is alerted, and efforts to locate them commence, including outreach to family and peers.
- Initial Status Determination: Investigators assess whether the absence is AWOL or desertion, and whether the member has a lawful reason for absence (e.g., medical treatment with proper authorization).
- Duty Status Review: The member’s duty status, pay, and benefits may be suspended or affected while the investigation proceeds.
- Legal Counsel Availability: The member is entitled to consult with a legal counsel, including a military attorney, to understand rights and options.
Crucially, the sooner a service member communicates with authorities or returns to duty, the better the potential outcome, including possible mitigation of charges or penalties.
Potential Legal Penalties Under UCMJ
The penalties for AWOL and desertion vary based on duration, intent, and circumstances. The UCMJ provides a spectrum of consequences, from administrative actions to criminal penalties:
- AWOL (short-term): For shorter absences, administrative actions (reprimands, counseling, or administrative discharge) are common, sometimes accompanied by forfeiture of pay or extra duties.
- AWOL (extended): Prolonged absence can lead to non-judicial punishment (NjP) or court-martial, with potential confinement, reduction in rank, or forfeiture of pay.
- Desertion (intent to stay away): Desertion is a more serious offense under Article 85, carrying heavier penalties, including longer confinement, dishonorable discharge, and, in wartime, the possibility of capital sanctions were applicable; modern practice emphasizes deterrence and accountability rather than capital punishment.
Penalties are influenced by factors such as prior service, the member’s role, deployment status, and the nature of the absence. A court-martial decision can result in confinement for years, a dishonorable or bad-conduct discharge, and mandatory loss of veterans’ benefits or eligibility for future military programs.
Impact On Benefits, Security Clearance, And Civil Life
AWOL or desertion can have lasting effects beyond military labels. These impacts commonly include:
- Veterans Benefits And Reenlistment: A dishonorable or bad-conduct discharge can bar or limit access to certain VA benefits and complicate future federal employment or reenlistment prospects.
- Security Clearances: A history of AWOL or desertion can complicate or permanently hinder security clearance processes, including federal government roles and contractors.
- Civil Legal Consequences: In some situations, state authorities may pursue charges related to evading duties or other offenses, potentially resulting in fines or probation alongside military penalties.
- Employment And Reputation: Public and private employers may view a disciplinary record involving AWOL or desertion with concern, affecting career opportunities.
It is important to note that the exact consequences depend on whether the case is handled under federal UCMJ, state law, or both, as well as the specific findings of the investigation and the servicemember’s response to authorities.
Costs, Repercussions, And Reconciliation Pathways
Several pathways exist for servicemembers seeking to mitigate consequences or resolve the situation:
- Presenting A Good-Faith Return Or Surrender: Voluntarily returning to duty, if possible, often leads to more favorable outcomes than remaining absent, potentially reducing penalties.
- Legal Representation: Military defense counsel can advise on rights, negotiate NJP terms, and prepare a strategy for court-martial procedures if needed.
- Administrative Remedies: Requests for discharge upgrades or rehabilitation programs may be pursued after the incident to improve post-service outcomes.
- Medical Or Exercising Mitigation: If medical or mental health issues contributed to the absence, documenting treatment and seeking appropriate care can influence proceedings.
Understanding these options is critical; quick, informed action with proper legal guidance often shapes the severity of penalties and future opportunities.
Impact On Reenlistment, Transition, And Benefits
For servicemembers who seek to reenlist or transition to civilian life after an AWOL/desertion incident, several considerations apply:
- Reenlistment Eligibility: A disciplinary record can complicate or prevent reenlistment, depending on the nature of the offense and current force policies.
- Transition Support: Veterans Affairs offices and transition programs can provide guidance, but prior disciplinary history is a critical factor in eligibility for certain benefits and programs.
- Future Employment: Civilian employers may require disclosure of disciplinary history; transparent communication and evidence of rehabilitation can aid the process.
Overall, the trajectory after AWOL or desertion heavily depends on the remedial steps taken, legal strategy, and the member’s demonstrated commitment to accountability and readiness to return to service.
Preventive Measures And Legal Protections
To reduce risks and ensure proper handling of absences, servicemembers should:
- Maintain Open Lines Of Communication: Keep the chain of command informed about any medical, personal, or logistical issues that might affect readiness.
- Know Rights And Resources: Seek legal counsel early and understand the rights and processes under UCMJ and state law.
- Address Mental Health And Wellness: Access available mental health resources to prevent crisis scenarios that could lead to unauthorized absences.
- Document Legitimate Absences: When possible, secure proper authorization for leaves or exemptions to avoid misunderstandings.
Awareness and proactive management reduce the likelihood of severe penalties and support a constructive path back to duty or civilian life.
Helpful Resources
- UCMJ Article 86: Absence Without Leave (AWOL) and Article 85: Desertion guidance.
- National Guard Bureau and state Adjutant General offices for policy-specific information.
- Military legal assistance offices providing free or low-cost counsel.
- Veterans Affairs resources on benefits, discharge upgrades, and transition programs.