My friend's son stole a car and went AWOL on the day before he was supposed to go to Iraq?

Question

It's been nine days and she cannot find him. He sent her a text message saying he's sorry but everyone is lying. His captain called her and said they won't report the car stolen until tomorrow. Will the actively search for him? What happens when they catch him. How long do you think it will take?

Answer 1

If he fails to turn himself in,  they will simply fire a warrant for his arrest for failure to report (which is worse than AWOL) and grand theft auto.  Then they will sit back and wait.

Eventually he will do something that will get him caught.   Speeding, running a red light,  etc.  Or is he tries to get a job and the employer does a background check. When the cops run his license,  they will find out about the warrant and will arrest him.  Or the employers background check will get him a visit from the FBI,  since your friend's son has a federal warrant out for him. Then he gets sent back to where he stole the car to be tried for theft. If it was on a military base,  the military will try him for theft and failure to report.   He will get 6 months to 1 year in prison for the auto theft and a dishonorable discharge.

Then he gets to work at fast food places for the rest of his life.  

Tell your friend that his son is making a major life changing mistake and he needs to report for duty.   Of course,  he missed his deployment so will get some punishment for that.   Loss of rank,  loss of pay,  additional duties.   Or they may just kick him out with a general discharge,  which is "better" than a dishonorable discharge but not by much.  

Answer 2

he can pretty much be executed. and they wont stop until hes found.

Answer 3

He is in quite a bit of trouble.  He needs to turn himself in at the nearest law enforcement office nearest to where he is right now and face the music.

You have a couple of good responses but all have a piece missing or just wrong information.  

He will be returned to his unit and then will face one of two things, UCMJ punishment or court-martial.  He would prefer UCMJ as the most they can do is take some money, reduction of rank, and/or restriction/extra duty.  A recommendation for release from active duty would probably be a follow-on action to this; however, it would be a separate administrative action (not a legal outcome of UCMJ punishment though it is sometimes talked about in UCMJ proceedings).  The only discharges he would be eligible for would be a General or Other Than Honorable (also an Honorable though highly unlikely given the circumstances).  

If the command chose to pursue a court-martial then he would be looking at the same punishments but adding the potential for incarceration and in the most extreme case, the death penalty (not really on the table but a legal possibility during time of war).  Also, now the potential for a Bad Conduct Discharge or a Dishonorable Discharge now exist (both of these require a court martial).  It is most likely that he would be facing a Summary Court Martial or a Special Court Martial in which case he is looking at reduction in rate, monetary penalties, incarceration and a BCD (on a general court

martial can grant the death penalty or a DD).

As someone mentioned, they will not actively look for him but will wait for him to either turn himself in or trip up in some other way.  

Answer 4

Maybe he thought twice about his choice and doesn't want to go to h**l for murdering Iraqi women and children to steal their oil?  Have you noticed Jesus Christ has removed His blessing from America?  It's because of the evil people running this country.

Answer 5

Thank MB for answering this. I hate Sundays because YA becomes a legal forum and by this evening we will have 10 more AWOL and then all the divorce/child support posts. Always Sunday lol.

Anyway, too many people are putting out incorrect info about dishonorable discharges and 'hunting down' Soldiers or whatnot. Also we never know if this is the mother or Soldier or whomever is posting. Then of course we never get all the facts. I've seen alot of ART 15s and court-martials and the accused are starting say things like someone told them on the internet what to do or crazy 'barracks lawyer' things like that.

So anyway, thank you again MB for posting accurate info. And maybe we should make a link for help. I would, but the individuals need to use their proper resources and fellow the RIGHT procedures to receive the best defense and support. I am not a law firm or TDS, nor a lawyer.

Answer 6

They don't actively search for people who go AWOL/Desert like they used to, but he's essentially screwed himself for the future.  He won't be able to do anything worthwhile.  Somebody needs to get the word to him that he needs to turn himself in and deal with whatever happens because whatever that is, it will be better than letting more time pass and avoiding the military.

Answer 7

Oh boy! He's in a heap of trouble. If he hasn't 'run for the border', they will find him soon. He will still go to Iraq, and it will be worse then it already is, for him. Find a way to get the message to him that he needs to go back and report to his unit before he is considered a 'deserter'. Punishment can be very harsh and he needs to suck it up and fight next to his brothers and sisters.

Answer 8

After 31 days, he will become a deserter and the US Army Deserter Point (assuming he is in the Army) will enter him into the NCIC computer as a felon for desertion.  They will send local police to all his known addresses and the addresses of friends and relatives to try and pick him up, and now with stealing a car, he is even in more trouble with civilian authorities.  So, either way, he is screwed.  I have worked AWOL Apprehension for some time before I went to OCS and have apprehended many deserters.

Answer 9

They will no "Actively" search for him. He will be put on the federal NCIC list for wanted fugitives. So if he gets pulled over or ID'd for anything he will be arrested and held in confinement until the military picks him up. If he left before his unit got deployed and he is found AFTER they deployed he can/will be considered a deserter... best case scenerio he will be given a dishonorable discharge in leiu of court martial... or face the death penalty (death penalty wont happen, but its the maximum).

Ive seen many cases of this the past few years until I left the military myself (honorably) and when found the AWOLS/Deserters recieved Dishonorable-discharges to 1yr in Prison.... He needs ot turn himself in and put it behind him, if he turns himself in it looks better and he might even just get an article-15... Good Luck

Answer 10

If he got his order's to go on Active Service it isn't AWOL it's Desertion, this is a more serious crime and the Military Police and local Police will actively find him. Once they have captured him he may go to a Military Jail (Not just a guard house jail) for a couple of year's and then may be Dishonerably Discharged. Well, that's in the British Army, I don't know what Army he's in.