Answer By law4u team
When a service member is in the process of separating from military service, absent without leave (AWOL) or other forms of absence can complicate the separation process. Absence during separation can be considered a serious matter under military law, and depending on the duration and circumstances of the absence, the individual can face legal, disciplinary, and discharge-related consequences. The way absentees are treated varies based on the length of absence, the reason behind it, and the military’s operational requirements.
Treatment of Absentees During Separation
Legal Consequences of Absence During Separation
Absence Without Leave (AWOL): When a service member is AWOL, meaning they are absent from their assigned duty without authorization, they are considered to be in violation of military law. If this occurs during the separation process, the individual is subject to legal and disciplinary action.
If the absence is prolonged and the individual is found guilty of desertion, they can face severe consequences, including court-martial and dishonorable discharge. If they are absent for less time, they may face less severe charges, such as being returned to their unit and disciplined according to military regulations.
Disciplinary Action for Absence During Separation
Minor Absence
If the service member’s absence is brief or due to personal issues, the military may offer some flexibility, such as an administrative discharge or a general discharge under honorable conditions. However, they will typically still face disciplinary action, like a written reprimand or reduction in rank.
Extended Absence
If the absence lasts for a longer period, the military may proceed with more severe action, including a court-martial or administrative separation for misconduct. This can result in a general discharge or other than honorable discharge, depending on the circumstances.
Desertion
If the service member is absent for an extended period (typically 30 days or more), their absence can be categorized as desertion, which is a criminal offense under military law. Desertion during separation may lead to a dishonorable discharge, reduction in rank, or even imprisonment.
Impact on Separation Process
Delaying Separation
Absentees who are AWOL or have an unauthorized absence during their separation process will often see their separation delayed. The military will generally want to resolve the matter of absence before proceeding with the discharge or separation.
Administrative Hold
The military may place the individual’s separation on hold until they return to duty or the absentee status is resolved. The absence can delay the discharge process, affecting the member’s separation date and resulting benefits, including severance pay and post-service benefits.
Potential Termination of Separation
In extreme cases, if the service member’s absence or desertion is considered severe, the military may choose to terminate the separation process altogether, with the service member facing continued active duty or administrative separation due to misconduct.
Reintegration or Return to Service
If the service member returns voluntarily after being absent, they may face disciplinary action but could still complete their separation process. However, they may be subject to a general discharge or an administrative discharge, which could impact their future benefits and eligibility for veteran services.
In some cases, the member’s return after absence could be seen as an effort to comply with military rules, which could work in their favor when determining the nature of their discharge, though it is not guaranteed that they will be granted an honorable discharge.
Impact on Veteran Benefits
A service member’s discharge status significantly impacts their eligibility for veteran benefits. Absence during separation may result in an other than honorable discharge or dishonorable discharge, which could bar them from benefits such as medical care, pensions, and housing assistance provided to veterans.
AWOL or desertion could also mean the loss of other entitlements that would typically be available to those completing their service honorably, including post-service employment and other support mechanisms.
Case Example:
Scenario 1:
Sergeant Mark has been in the process of separating from the military, but during the final stages, he goes AWOL for a few weeks. Upon returning, he faces disciplinary action and is placed on administrative hold while the military evaluates the situation. He is given a general discharge for misconduct, which is not honorable, but he avoids a dishonorable discharge because the absence was not prolonged enough to be considered desertion.
Scenario 2:
Private Lisa is in the final stages of her separation from the military when she suddenly disappears and is AWOL for over 30 days. Her absence is considered desertion. After being apprehended, she faces a court-martial and is given a dishonorable discharge. Her discharge status results in the loss of all veteran benefits and makes it difficult for her to seek future employment.
Conclusion
Absentees during the separation process face significant legal and disciplinary consequences, depending on the nature and length of their absence. Whether it’s a brief absence, an administrative issue, or desertion, the individual’s military record and discharge status are affected. The consequences can range from a general discharge to a dishonorable discharge, and in some cases, legal action, including court-martial. Returning to duty voluntarily or after a short absence may lessen the impact, but absentees often face a delayed or complicated separation process and may lose valuable veteran benefits.
