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My son joined the Army in November, 2009. Came home from Boot…

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My son joined the Army...
My son joined the Army in November, 2009. Came home from Boot Camp for Xmas and was due back 1-3-10. He did not go back. For a multitude of reasons. He needed to go back. Anyway, it is now 32 days since the time he was due back to Ft. Jackson. Can or should he go back to Ft. Sills or Ft. Knox for his discharge, which I am sure will not be good. How does this procedure work? Should he wait until the 60th day and go to Ft. Sills/Ft. Knox, as he stated he will not go back to Ft. Jackson under any circumstances. Was going to have him try for a Hardship Discharge, but doesn't sound like he would qualify after reading about it. I know he is AWOL and I am sick about it, need to know where to take him to.
Submitted: 8 years ago.Category: Military Law
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2/4/2010
Military Lawyer: P. Simmons, Military Lawyer replied 8 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,605
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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He should turn himself in asap. It still may be he can avoid the other than honorable conditions discharge. He can turn himself into either Sill or Knox. If he waits and is arrested, it will simply make the punishment worse.


P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,605
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Customer reply replied 8 years ago
If he goes back now, wouldn't it be likely, they would ship him back to Ft. Jackson and keep him there to full fill his 3 1/2 yr contract? He may still be on the rolls. He wants a discharge, no matter how he gets it, unfortunately. He does not want to end up back at Ft. Jackson. That is why he is waiting and wants to turn himself into Ft. Sills or Ft. knox.
Military Lawyer: P. Simmons, Military Lawyer replied 8 years ago
Understand...but at this point the Army still "owns him"...they get to decide if he gets out...not him.

Frankly, I would encourage you to encourage your son to finish his contract. I take several calls every day from folks who get an OTH years back and will give anything to upgrade. The sad truth is it is rarely possible. Your son's goal should be the honorable discharge.

If he refuses to listen, have him wait another month or so then turn himself into Sill...but if he is smart he will turn himself into Sill tomorrow and finishe his contract.

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