If someone in the IRR does not deploy, will criminal charges be enforced?

Question

My boyfriend was in active duty for 4 years. Because he is involved with the IRR, he can be called back for 4 years after his active duty has been completed.

He was sent papers telling him that he was to deploy in August.

My boyfriend has taken a plane to south carolina where he's being retrained. He has not signed any contracts and has not been given any uniforms.

My question is this:

If my boyfriend were to leave and not deploy, would he be considered AWOL, or would he be Discharged? Would any criminal charges be filed?

please help me and my baby.. thank you ♥

Answer 1

He does not need a contract he was given orders and he reported to South Carolina.  He will get uniforms and everything else he needs while he is there.

He is on active duty and if he leaves he will be AWOL.  In addition, the regulation says ..if you leave without the intent of coming back you can be labeled a deserter on day 1 of  being AWOL.  Otherwise he becomes a deserter after 30 days of being AWOL.

There are many honorable ways to get out of the Army without deserting.  Tell him to speak to the Chaplain.  If he deserts....it will haunt him and follow him the rest of his life.  

Answer 2

On the back of every contract for the United States military there is a clause.... it is know as the "war plus 6 clause."  What it states is that the military can keep you in and hold you in until 6 months after the end of a war.  This includes active, reserve and IRR soldiers.  So if you think about the "GLOBAL WAR ON TERRORISM" technically considers a war, then your boyfriend is stuck.  He can not leave without permission or discharge, if he decides to leave then he will be considered AWOL and if he is AWOL for longer than 60 days he will be considers a deserter, which is a charge punishable by death.(the army wont do it but they can if they wanted to )

Answer 3

Until he has completed his entire contract he still can be activated..and when activated he falls under the UCMJ..

If he leaves now or refuses to deploy he will be in alot of trouble and will ruin his good name..

Answer 4

I'm afraid they could charge him with desertion. Contact an attorney if you really need help, but I think he's stuck with their will.  

Answer 5

The original contract that was signed has a stop loss order in it, and depending on what his said, the government has a right to recall him not only after active duty, but reserve duty as well as being discharged. If he doesn't show, they will consider him AWOL and charges will be filed, then if he doesn't show, he will be charged with desertion! It's best he works it out now!