AWOL Arrest Without Enlistment

[tidajo]

My niece was arrested today on a warrant issued by the Army dated Oct 1999. Arresting Officer stated that it was for an AWOL/Desertion.

After trying to find a local attorney to look into this (to no avail, non-military area), I was able to receive a call from her tonight from the county jail, limited to 10 minutes.

She states that on or about May of 1999, she met with a recruiter in Tampa, Florida. She says that she doesn't remember signing paperwork (Army faxed paperwork to arresting agency that they said had signature of her. I have no knowlege of what the papers are).

In August (or so) in 1999, she decided that she didn't want to join, spoke again with the recruiter, and returned to New York.

End of story.

She insists that she did not attend basic, swearing in, or anything similar.

Can she be considered AWOL/Deserter if she never even reported to basic?

I have reviewed the internet for info, and it appears that a DEP is signed first, and the second (binding) contract would be signed at basic. But is it possible that she signed something in May of '99 committing her, other than a DEP?

I am sorry to bother you with this, but I am at a loss for direction. This happened on a Friday, she was only able to make one call from the county jail, and that was this evening. Too late for me to go anywhere.

This poor girl is a hard working, 32 year old single mother. A supervisor for a developementally disabled adult home.

She has no history of problems. As a matter of fact, the warrant was discovered when she spoke with the State Polce as a complaintant, when she was the victim. They ran her info, and was arrested.

I spoke with someone with a little backround in the military, who says she may be sent to Fort Bragg or Ft. Knox. Is there anyway for this to be looked into prior to that? It appears that she can sit in the county jail without arraignment until she is turned over to the Army?

ANY advice or direction would be GREATLY appreciated!

[LawResearcherMissy]

ANY advice or direction would be GREATLY appreciated!

Lawyer.

Lawyer Lawyer Lawyer Lawyer Lawyer.

Lawyer.

I can't repeat it enough.

She may have fallen victim to a crooked recruiter (it's more common than you think). She may have actually signed a commitment to serve without realizing that's what she had done.

Regardless, she needs a professional to look out for her best interests.

[tidajo]

I certainly don't disagree.

Try to find a lawyer that practices Military Law in a non-military area on a Friday night.

The attorney that I was able to speak with stated that he believes that she may have no arraignment opportunity until turned over to Army.
is that true?

The DEP contract looks like would not lead to arrest. Correct?
Actual enlistment contract wouldn't be signed until basic? Correct?

Arrest warrant issued on the failure to show for the DEP. Is that a common mistake??

[tidajo]

I am sorry that I have not gotten back to you sooner.

It appears now that in May of '99, she signed a DEP (delayed enlistment),
with the recruiter in Tampa.(She now "remembers").

She insisted that she never signed a contract, never was sworn in, never
went to basic, or even any Army base.

As this appeared to be clear mistake, and she was locked up in solitary
confinement in the county jail (no charge, so she was kept isolated from
everyone else), I found a local attorney on Saturday to look at it.

Retired Army Col., former JAG. He spent time saturday evening and Sunday
getting someone to take a look. Attempts to at least get her out of jail to
Army custody.

Whether it worked or not, I may never know, but she was picked up Monday
morning from the jail, and at that time was told that she would be home by Friday. So I
guess someone did look at it, and had a game plan.

And that's what happened. Flew to Ft. Knox on tuesday, and flew home (her
expense) on Friday.

She says that she moved from Tampa in August of '99. In September, she
went back to Florida, and she says that she went to the recruiter, advised
him that she had changed her mind. She adds that he had her sign a form that
she was opting out, and she left.

When she was released last Friday, she was advised that they opening a
Recruiter Investigation (or something of similar name), and that they would
be in contact. No discharge papers, etc. were done.

That's it. We pulled the local attorney off after her release from county
jail ($350/hour).

I believe her, when she says that she never reported. However, the lack of
absolute rage at the Army for what she describes as an illegal detention
leaves me with some doubt.
I now start to think that she may have showed up on that reporting day, may
have metioned the opting out, signed the papers and left the state. And is
afraid to admit it.

Why? Maybe the recruiter told her she couldn't change her mind. Otherwise
why would she go there, sign, and leave?

I don't know. Maybe we can know more after the investigation. Her assigned
JAG attorney would not provide her copies of any paperwork that he had.





I'll post agin when we hear back from the Army.

[divemedic]

The Delayed Entry Program is an enlistment.(click for more information) When you sign into the DEP, you are a part of the "inactive reserve" as an E1. You are now a part of the military for the next eight years. This enlistment includes orders for you to report to basic training at a future date.

If she did not report, she is a deserter. Once she is AWOL for 30 days with the intent to make the absence permanent, she is now a deserter. This can be prosecuted as an offense of Article 85 of the Uniform Code of Military Justice (UCMJ):

(a) Any member of the armed forces who—

(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States, is guilty of desertion.

This offense can send you to courts martial. Maximum punishment:

(1) Completed or attempted desertion with intent to avoid hazardous duty or to shirk important service. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(2) Other cases of completed or attempted desertion.

(a) Terminated by apprehension. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

(b) Terminated otherwise. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

(3) In time of war. Death or such other punishment as a court-martial may direct.

Conviction by a courts martial of article 85, or its lesser included offense article 86, is a felony. You need an attorney. The good news here is that the military has not executed anyone for desertion since World War 2.