When Unauthorized Absence Or AWOL May Not Be a Crime According to Military Law

There are times when unforeseen circumstances can prohibit a military member from returning to duty after a stint of authorized leave. Here are a few situations where a member would probably not be found guilty of unauthorized absence:

Physically disabled: If a circumstance arose where a member was advised to remain in bed for health reasons, which meant he was unable to return to duty, then most probably he would be found to be physically incapacitated. If, on the other hand, the cause of illness was found to be self-induced, so that the member didn’t have to return, then it could be a whole different story.

There was case law where a member went AWOL to obtain dental treatment through civilian means. The reason the member did this was because there had been a difference of opinion concerning the required medical treatment, and the member went untreated. This was not accepted as a defense for physical incapacity.

Transportation misfortunes: There may be unfortunate circumstances that prevent a member from returning to duty, but the circumstances are very rigid. It has to be a pretty good excuse to get one off the hook in this circumstance.

For example, a member was returning to duty from a weekend pass when his car broke down. The member decided to stay with the car while it was being repaired. As a result it put him in an unauthorized absence position. He was not able to use the defense of “no fault,” and was found to have stayed with his vehicle for his own convenience.

Acts of God: To the surprise of many, this is often not an acceptable defense. For example, if there were some type of warning that a storm, earthquake, or some other natural disaster were pending for the near future and the member had the opportunity to return to duty before disaster struck, they could be found guilty of the offence of unauthorized leave if they were then delayed due to the event.

Unauthorized leave due to civilian confinement: This is a very complex area of the law pertaining to a member who is confined and therefore unable to return to duty. The outcome would be based on the circumstances of the civilian findings.

These are just a few basic examples that make the point that nothing should ever be taken for granted when it comes to military law. Obtain legal advice as quickly as possible in the face of any charges, no matter how small they seem.

Related Articles

8 Tips to Find a Reliable UK Immigration Lawyer

8 Tips to Find a Reliable UK Immigration Lawyer It can be difficult to find a trustworthy UK immigration lawyer. These are our top tips...

Reddit Legal Advice: 3 Tips for Evaluating Online Legal Advice

Reddit Legal Advice: 3 Tips for Evaluating Online Legal Advice Although it's possible to find the exact answer to your legal questions on the internet,...

Truck Accident Lawyers

Truck accidents are one of the most devastating events that happen to people, and when you're involved in one, you need the best legal...

What is Legal Information?

What is Legal Information? Any person who is familiar with the law can give legal information. This is different from legal advice. It's simply a...

High Conflict Divorce & Family Law

High Conflict Divorce & Family Law Alberta's legal system and judicial system have made significant progress in encouraging parties and their families to choose Alternative...

Here are some tips to help you choose the best criminal defense lawyer

If you are arrested or accused of a crime, hiring a criminal federal defense lawyer is the best decision you can make. You might...

A Certified Intimacy Coach and Educator offers advice on how to get your partner to sex after divorce

A Certified Intimacy Coach and Educator offers advice on how to get your partner to sex after divorce Some people are eager to get back...

New York Personal Injury Lawyer

Personal Injury Lawyer We are here to assist you in resolving your matter Uncertainties are part of life as everyone is susceptible to an accident...

Personal Injury Lawyer LI – Get the Most Help

What Is a Personal Injury Lawyer? It is important to realize the process of making claims against an individual or an entity. These parties have...

Follow Us

1,000FansLike
1,000FollowersFollow
1,000FollowersFollow

Heal Chapped Lips Like “Neosporin Lip Health”

Chapped lips can be uncomfortable and cause bleeding if they aren't treated. Although chapped...

Practicing Patience: Family Law Matters in Times of Uncertainty

What do the coronavirus and a family law case have in common? This is...

IRS Tax Laws – They Do Not Create Them, Just Enforce Them

The IRS tax laws are under Title 26 the Internal Revenue Code. To help...

These “Beauty Supply Warehouse” store tips

Beauty Supply Warehouse Beauty is highly competitive. It can be difficult for small businesses to...

Fashion Farm: hopes to lift spirits

Fashion Farm Pumpkin donuts were Sold Fashion Farm pumpkin donuts were sold way beyond the...

Is it time to market my company?

Starting and growing a company is similar to having That additional child-it's a great...

Subscribe ⇘

spot_img
error: Content is protected !!