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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19200
Experience:  Lawyer and current JAG officer.
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Can I get an els if I go awol for two weeks if I'm in Ait

Customer Question

Can I get an els if I go awol for two weeks if I'm in Ait and haven't been in 180 days
Submitted: 11 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Can you? Yes, you could. You haven't been in for 180 days, so you could technically be eligible for an ELS separation based on failure to adapt.

Now, that being said, you aren't entitled to an ELS. I'm not making a value statement here. What I'm trying to convey here is that there is not a situation where the facts compel a commander to give a specific type of discharge.

Just because you have less than 180 days that does not mean your commander has to give that separation form. You could be given other separations forms (or no separation at all), depending on the attitude and determination of your command.

If you were going to be separated though based on a two-week AWOL, the more likely result is a misconduct separation.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 11 months ago.
would I get prison time for being awol for two weeks ?
Expert:  Allen M., Esq. replied 11 months ago.

Would you?

I can't really say. Military law doesn't work like that. There is no dictated criminal penalty for specific crimes. There is a maximum (and for sexual assaults a minimum discharge disposition), but not so specific that I can tell you what you WILL get for a two week AWOL.

That being said, typically there would not be jail time for that short of a time frame. More likely, there would be non-judicial punishment and then an administrative separation with a General discharge.

Customer: replied 11 months ago.
if a sergeant saw me going swole could he do anything about it ?
Customer: replied 11 months ago.
awol could he deny me that
Expert:  Allen M., Esq. replied 11 months ago.

A sergeant can't deny you anything, because NCO's don't determine separations.

That being said, an NCO can give testimony and based on that testimony a commander can choose to deny a specific separation (an ELS) based on that alleged misconduct and go for a different separation or for NJP based on that testimony.

Customer: replied 11 months ago.
If the nco were to give a negative testimony what would most generally be the outcome of the situation
Customer: replied 11 months ago.
In other words what other separation would be most likely considerd in this situation
Expert:  Allen M., Esq. replied 11 months ago.

You would get an Article 15 (NJP) and then be separated with a misconduct separation and a General discharge.

That is the most likely outcome.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.