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MILITARY AWOL & DESERTION CASES

AWOL, Unauthorized Absence and Desertion Charges

Greg McCormack has represented numerous military AWOL (absent without leave) and desertion charges for his US military clients worldwide.  Below is a listing of the results for some of cases he has been involved in.   As in all cases, the actual results will depend upon the facts of the case, as well as the command and branch of service we are dealing with.   In the current military justice environment with the Iraq and Afghanistan conflicts, we are seeing more commands taking a very stern approach to these cases, often sending the cases to a court-martial, where the accused ends up serving confinement time, a punitive discharge and the resultant federal conviction.  We must advise anyone who is currently in an AWOL or deserter status to return to military control immediately - the longer you are absent from your command, the worse the situation will be.

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GREG MCCORMACK HAS BEEN REPRESENTING CLIENTS IN MILITARY COURT-MARTIALS, ADMINISTRATIVE SEPARATION ACTIONS AND OTHER CRIMINAL CHARGES, AS WELL AS IN CIVILIAN COURTS, SINCE HE LEFT ACTIVE DUTY AS AN ARMY LAWYER IN 1982. A REPRESENTATIVE SAMPLING OF SOME OF THE RESULTS OF OUR CASES IS PROVIDED FOR YOUR REVIEW.

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***** DISCLAIMER *****

The following listing of specific case results is provided for your review. You need to be aware that case results depend upon a variety of factors unique to each case. The listing of the case results noted below do not, in any respect, guarantee or predict a similar result in any future case which may be undertaken by this law firm.

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• Army E- 3 went AWOL after serving in Iraq where he was wounded in combat. Upon being retained, we secured a psyhcological evaluation which resulted in a diagnosis that our client suffered from PTSD (post trauma stress disorder). Despite the stated intention of the Army that our client would be taken to a court-martial for his 14 month period of awol, we were able to secure his administrative separation from the Army without a federal conviction and NO confinement.

• Navy E-1 went UA from ship and remained absent for 6 years when he was pulled over for speeding by civilian authorities. He was apprehended by the civilian police on a warrant for his arrest for desertion from the military. We were able to secure his release from the civilian jail and within 6 days of retaining our firm, he was separated by the Navy without any conviction on his record - he never had to return to military control.

• Navy E-1 went UA from ship and remained absent for over 1 year when he was apprehended at the Mexican border. After he was returned to military control, he was placed in pretrial confinement. We were able to secure his release from the brig and administrative discharge from the Navy within two weeks, without any conviction on his record.

• Army E-2 went AWOL after transferring from his unit not reporting to his new command. After of year on the run, he was apprehended by civilian police for desertion. We were able to secure his administrative discharge from the Army, without any conviction on his record, within one week after we coordinated his surrender to the military authorities.

• Army E-1 went AWOL after returning home for the holiday leave period. After confirming that he had been dropped from the rolls, we coordinated his return to military control and were able to secure his discharge from the Army, without any conviction on his record, within one week after we coordinated his surrender to the military authorities.

• Army recruit retained our services after he was declared a deserter. We were able to secure his administrative discharge from the Army, without any convictions on his record, within one week after we coordinated his surrender to the military authorities.

• Marine who could not handle the rigors of advanced training failed to return after a period of leave. Although we had arranged for him to surrender himself, he was arrested by civilian authorities before he did so. We secured his administrative separation without a conviction on his record.

• Navy Petty Officer was arrested by civilian police for desertion in excess of seven months and turned over to the military authorities. We were able to secure his administrative discharge, without any criminal record, within two weeks of his return to the military.

• Army recruit in basic training was experiencing significant emotional problems. Although she failed her physical training, the command refused to discharge her, instead recycled her for additional physical training. We were able to secure her separation with an ELS.

• Navy Petty Officer was in an unauthorized absentee status for in excess of two years when he was arrested on a state criminal charge. After he was placed in confinement on a desertion charge, we were able to secure his release from the brig within seven days of his surrender to military authorities and his administrative discharge from the Navy, without any convictions on his record.

• Army Warrant Officer was charged with AWOL, as well as use of drugs. We submitted a request for discharge in lieu of Courts-Martial, however the command refused to accept that and referred the charges to a General Courts-Martial. On the first day of trial we were able to secure a delay due to some procedural problems with the charges, at which time we then resubmitted the request for discharge in lieu of trial and were able to get it approved.

• Navy junior enlisted was administratively discharged with no conviction or confinement after being in a deserter status for several years.

• Army E-4 National Guard recalled to active Army. Went AWOL from training command and remained absent for over 65 days. We coordinated his surrender to military control on a Wednesday - following Tuesday he was heading home to his family without any confinement or conviction on his record.

• Navy E-1 went UA from Boot Camp and remained absent for 181 days. We coordinated his surrender with Transient Personnel Unit who had records waiting when he returned to their control. Discharged from Navy 3 weeks later without any confinement or conviction on his record.

• A sailor who had been absent from his command for almost 3 years retained our firm. We were able to secure the discharge of our client from the Navy without him having to return to military control – he never left home.

• A female sailor, after having experienced discrimination at her command with no resolution, absented herself without authority. After nine months of absence, she received a phone call at her house that a sheriff's deputy was on the way to apprehend her. We were able to coordinate her return to a Naval base, where after one month, she was discharged from the Navy.

• Army E-4 went AWOL after transferring from unit stationed in Korea and did not report to new command for 5 months. Our office coordinated his surrender to military control and negotiated discharge from the military without any confinement or conviction on his record.

• Marine E-3 in School of Infantry quickly learned that he could not adapt to the military lifestyle and rigors of the Marine Corps. He departed his command without authority and his family retained our office to assist in securing his release from the Marine Corps. After securing a civilian psychological evaluation, we were able to coordinate our client's return to the Marines and secured his discharge without any confinement or conviction on his record.

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*****DISCLAIMER*****

This listing of specific case results is provided for your review. You need to be aware that case results depend upon a variety of factors unique to each case. The listing of the case results noted above do not in any respect guarantee or predict a similar result in any future case which may be undertaken by this law firm.

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