Is Going AWOL a Felony?
What is AWOL?
Before we dive into the legal aspects, let’s define what Absent Without Leave (AWOL) means. AWOL refers to the military term for a service member who leaves their post without permission, often without properly checking out or notifying their superiors. This offense is considered a serious misconduct and can have severe consequences.
Is Going AWOL a Felony?
Now, let’s answer the question directly. Yes, going AWOL can be a felony. In the United States, the Military Desertion Act of 1926 makes it a felony offense for a service member to absent themselves from duty without proper authority. Failure to return to duty without a valid reason or to face a court-martial can result in a conviction for desertion, which is a felony under Title 10, Section 885 of the United States Code.
Consequences of Going AWOL
The consequences of going AWOL can be severe. Service members who desert their post without proper authorization can face:
- Court-martial proceedings: A court-martial is a military trial in which a service member can be convicted of various crimes, including desertion. If convicted, a service member can face confinement for up to ten years, a reduction in rank, and a bad conduct discharge.
- Punitive discharge: A service member who is convicted of desertion can be dishonorably discharged from the military, which can have long-term consequences, including loss of certain benefits and privileges.
- Criminal prosecution: In some cases, service members who go AWOL can also face criminal prosecution in civilian court for desertion in the face of the enemy, which is a separate felony offense under Title 18, Section 723 of the United States Code.
Types of Desertion
There are two types of desertion: desertion in the face of the enemy and plain desertion.
- Desertion in the face of the enemy: This type of desertion occurs when a service member leaves their post or duty station during a time of war or military operation, without proper authority or permission. This is considered a more serious offense and can result in more severe consequences.
- Plain desertion: This type of desertion occurs when a service member leaves their post or duty station without proper authority or permission, but not during a time of war or military operation. This is also considered a serious offense and can result in administrative and disciplinary action, including a bad conduct discharge.
Differences between Military and Civilian Law
It’s important to note that there are differences between military and civilian law when it comes to desertion. While going AWOL is a serious offense in the military, it is not a criminal offense in civilian law. In civilian law, desertion is only considered a crime if the individual deserts during a time of war or if they are a fugitive from justice.
Conclusion
In conclusion, going AWOL can be a felony offense, and the consequences can be severe. Service members who desert their post without proper authorization can face court-martial proceedings, punitive discharges, and criminal prosecution. It’s important to understand the differences between military and civilian law when it comes to desertion. If you are a service member who is considering deserting, it’s crucial to seek legal advice from a qualified attorney who specializes in military law.
Table: Consequences of Going AWOL
Consequence | Description |
---|---|
Court-martial proceedings | A military trial in which a service member can be convicted of various crimes, including desertion. |
Punitive discharge | A service member can face confinement for up to ten years, a reduction in rank, and a bad conduct discharge. |
Criminal prosecution | Service members who go AWOL can also face criminal prosecution in civilian court for desertion in the face of the enemy. |
Administrative and disciplinary action | Bad conduct discharge, confinement for up to one year, and a reduction in rank. |
Bulleted List: Factors Considered in Desertion Charges
• Duration of absence: The longer the service member is absent from duty, the more likely they are to be charged with desertion.
• Intent: Was the service member’s intention to abandon their duties and post, or was it simply a mistake or error?
• Circumstances: Were there unusual circumstances that led to the service member’s absence from duty, such as family emergencies or medical issues?
• Previous misconduct: Has the service member committed previous misconduct, such as AWOL incidents or failures to follow orders?