The complexities of military administrative discharge procedures can be daunting, especially for those who have gone absent without leave (AWOL). The situation is not only legally complicated but also emotionally challenging for the individuals and their families involved. It’s crucial to understand the processes, implications, and available solutions for Marines facing administrative discharge due to AWOL.
Understanding AWOL and Its Consequences
Absent Without Leave (AWOL) refers to a military member’s unauthorized absence from their post. This can range from a few hours to several years, each scenario having different legal and administrative repercussions. The Uniform Code of Military Justice (UCMJ) categorizes AWOL as a punishable offense, with penalties that can include court-martial, imprisonment, and a bad conduct or dishonorable discharge.
For Marines who find themselves in this situation, the road to resolution is often long and arduous. However, there are avenues available for those seeking to rectify their situation, whether through legal means, administrative procedures, or a combination of both.
Administrative Discharge Process
The administrative discharge process for Marines who have gone AWOL typically involves several steps:
Return to Military Control: The first step towards resolution is for the AWOL Marine to return to military control. This can be voluntary or as a result of apprehension. The manner of return can impact the subsequent legal and administrative proceedings.
Investigation and Counseling: Upon return, the Marine will undergo an investigation into the circumstances of their absence. They will also receive counseling regarding their actions, the potential consequences, and the options available for resolving their situation.
Administrative Separation Proceedings: If the Marine’s commander decides to pursue administrative separation, the Marine will be notified and given the opportunity to respond. This response can include requesting a hearing before an administrative separation board, where the Marine can present their case against separation.
Characterization of Service: The characterization of the Marine’s service (e.g., honorable, general, other than honorable) will significantly impact their future benefits and opportunities. An other than honorable discharge, for example, can result in the loss of veterans’ benefits and create challenges in civilian life.
Solutions and Considerations
For AWOL Marines facing administrative discharge, several solutions and considerations should be explored:
Legal Representation: Seeking the advice of a military defense attorney can provide invaluable guidance on navigating the legal and administrative processes. An experienced attorney can help mitigate potential penalties and work towards the best possible outcome.
Mental Health Considerations: In some cases, AWOL may be linked to underlying mental health issues. Highlighting these factors can sometimes lead to more favorable treatment, such as a medical discharge or a reduction in penalties.
Rehabilitation and Rehabilitation Programs: The military offers various rehabilitation programs for service members who have committed offenses, including AWOL. Successfully completing such a program can demonstrate a Marine’s commitment to reform and may be considered favorably in administrative separation proceedings.
Discharge Upgrades: After discharge, it may be possible to appeal for an upgrade in the characterization of service. This involves petitioning the appropriate review board with evidence that the original discharge was unjust or that significant mitigating circumstances existed.
Practical Steps for AWOL Marines
For Marines who have gone AWOL and are now seeking to resolve their situation, the following practical steps can be taken:
Seek Legal Counsel: Consult with a military defense attorney as soon as possible. They can provide critical advice on the best course of action and represent the Marine’s interests in legal and administrative proceedings.
Understand Rights and Options: Be fully informed about the potential consequences of AWOL, the administrative discharge process, and the available defenses or mitigations.
Prepare for Administrative Separation Board: If facing an administrative separation board, prepare a robust defense. This includes gathering evidence and witness statements that support the Marine’s case against separation or in favor of a more favorable characterization of service.
Explore Alternative Programs: Depending on the circumstances, alternative programs such as drug rehabilitation or mental health treatment may be available. These can sometimes offer a more constructive path forward than administrative discharge.
Plan for Civilian Life: Regardless of the outcome, it’s essential to plan for the transition to civilian life. This includes understanding veterans’ benefits, educational opportunities, and employment assistance programs.
Conclusion
The path forward for AWOL Marines facing administrative discharge is challenging but not without hope. By understanding the processes involved, seeking professional legal advice, and exploring all available options, it’s possible to navigate this complex situation towards the best possible outcome. Whether through legal, administrative, or rehabilitative means, there are solutions available for those willing to confront their situation and work towards a resolution.
FAQ Section
What are the potential consequences of going AWOL in the Marines?
+Potential consequences include court-martial, imprisonment, and administrative discharge with a less than honorable characterization of service. These can impact future benefits, employment opportunities, and overall quality of life.
Can a Marine who has gone AWOL receive an honorable discharge?
+While rare, it's possible under specific circumstances, such as if the Marine can demonstrate that their absence was due to circumstances beyond their control or if they have since demonstrated exemplary service and rehabilitation.
How does the characterization of service impact a Marine's benefits and future opportunities?
+The characterization of service significantly impacts eligibility for veterans' benefits, including education assistance, healthcare, and home loan guarantees. An other than honorable discharge can also make it difficult to find employment and may lead to social and economic challenges.
In navigating the complexities of AWOL and administrative discharge, it’s crucial for Marines and their families to be fully informed and prepared. Whether through seeking legal counsel, understanding administrative procedures, or planning for the future, there are paths forward that can mitigate the consequences of AWOL and lead towards a more favorable outcome.
