- 08-Jun-2025
- Cyber and Technology Law
When a service member goes unauthorized absent (AWOL) during their military service, especially during the discharge process, it can have serious legal implications. Unauthorized absence (AWOL) refers to when a service member is absent from their assigned post or duty without the proper authorization or leave. During the separation or discharge process, this behavior complicates the individual’s discharge status and often results in legal consequences.
If the absence is brief, the military may treat it as a minor infraction. In such cases, the service member could face disciplinary action, such as a written reprimand, loss of privileges, or reduction in rank.
If the absence is prolonged, typically for 30 days or more, it may escalate to the charge of desertion, which is a more serious offense with far-reaching consequences.
For significant absences (especially if over 30 days), the service member may face a court-martial, which is a formal military trial where the individual can be charged with desertion or AWOL. The court-martial may result in criminal penalties, including confinement, forfeiture of pay, reduction in rank, and in extreme cases, a dishonorable discharge.
In some cases, administrative action can be taken instead of court-martial. If the absence was not extreme or deliberate, the service member may face an administrative discharge or be processed through military separation for misconduct. This could result in an other-than-honorable discharge or general discharge based on the severity of the absence.
A dishonorable discharge is possible if the service member is found guilty of desertion or if the absence significantly disrupts military operations. This results in the loss of benefits, a permanent criminal record, and serious career consequences.
If the absence does not rise to the level of desertion but is still considered serious misconduct, the service member may be given an OTH discharge. This may allow for some benefits but is still viewed as an undesirable discharge.
For less serious absences, the military may issue a general discharge under honorable conditions, which reflects a mixed service record.
In rare cases, if the service member returns to duty promptly and shows contrition, they might still receive an honorable discharge.
If the absence is prolonged beyond 30 days, it may be categorized as desertion. Desertion is a criminal offense under military law and carries severe penalties.
Desertion during wartime or in a critical situation can lead to more severe charges, including the possibility of a court-martial, with penalties such as confinement, forfeiture of pay, or even the death penalty in extreme cases (though rare).
If the absence is attributed to a mental health condition, the military may offer medical separation instead of punitive discharge.
If the service member voluntarily returns to duty after being absent, the military may take this into consideration and could decide to issue a less severe discharge.
Unauthorized absence, especially if it leads to dishonorable discharge, can severely impact the individual’s future civilian employment opportunities. Many civilian employers, especially in government positions, will not hire individuals with a dishonorable discharge or criminal record.
The individual may also be ineligible for veteran benefits, including healthcare, pensions, and other post-service benefits, depending on the discharge status.
Private John has been in the process of separating from the military when he goes AWOL for two weeks. Upon his return, he faces a non-judicial punishment (NJP), which includes a reduction in rank and a written reprimand. However, due to the severity of his absence, he receives a general discharge under honorable conditions, which impacts his future employment prospects but avoids a dishonorable discharge.
Sergeant Mark is set to separate from the military but deserts for over 60 days. He is caught and faces a court-martial for desertion. Mark is convicted, receives a dishonorable discharge, and is sentenced to confinement for his desertion. As a result, he loses all veteran benefits and faces long-term career and legal consequences.
Unauthorized absence during the military discharge process is treated with serious legal consequences. If the absence is short, the military may issue disciplinary action or an administrative discharge. However, if the absence is prolonged, it may lead to charges of desertion, resulting in a court-martial, criminal penalties, and a dishonorable discharge. The discharge status will significantly affect the service member's future employment prospects, military benefits, and personal reputation. In any case, the absence must be addressed before the discharge is finalized, and the service member will face legal and administrative consequences based on the severity of the absence.
Answer By Law4u Team
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