My friend is currently Active Duty USAF (A1C) and 7 1/2 months pregnant. She recently finished her AIT Training the end of last year (Nov 2008) and was sent home on leave from Dec 20th 2008-Jan 15th 2009, at the beginning of Jan. she found out that she was pregnant and went to the nearest AF base to have it confirmed (she only knew to do that because while in Tech Training she was pregnant and was advised by her Flight Chief to confirm the pregnancy at a hospital so that paperwork could be drawn up for a diversion from her overseas assignment to a conus base) she later miscarried while still at Tech Training. Long story short in Jan. they confirmed the pregnancy and she asked what she needed to do next which the nurse replied that they would contact her (overseas) base and let them know her status that paperwork would need to be started, but for the time being to remain where she was and seek pre-natal care at the Dr. that Tricare referred her to. She never ran or hid, in fact she stayed in the area where she had her pregnancy confirmed, was receiving pay, saw a OBGYN through Tricare and also called many times over the 5 month period to ask the status and was told it was being handled. June of this year she was contacted by her base overseas and told she was AWOL and to report to MPF at the closest AF Base. She was very cooperative and immediately reported to the nearest AF Base but was dragged back to her Tech School Base (22 hour drive in 2 days from FL to TX 6 1/2 months pregnant) and told she would be facing court martial and so on. It's been over a month already and nothing has been done and no charges have even been filed against her, she is now 7 1/2 months pregnant and her health is starting to take a turn for the worst. She had to check herself into a Mental Health Facility for depression and suicidal thoughts and was also admitted into Labor and Delivery for what they thought was preterm labor (she's at high risk for preterm labor). Her Defense Attorney is of no help and she's at her wits end.
My questions are:
1.Should she present a plea agreement, and if so how should she go about it?
2.Can she request to have the process expedited as it is so close to her due date?
3.How long does a normal AWOL/Desertion Case take?
4.Who should she speak with, and what should she do next?
5.Is a plea agreement in her best interest?
Thank You & God Bless!
Answer by Elitist Snob
Wait a minute. You said she miscarried...but then she's suddenly pregnant again. What? Okay, I'll let that pass, but it looks like she's trying to get pregnant to get out if she got pregnant twice.
1. A plea agreement is an acknowledgment of guilt. She should carefully consider whether she wants to do that or not.
2. She can request expedition. It doesn't mean she'll get it.
3. Months. Make no mistake: Desertion, AWOL, and failure to go are serious military offenses. If you are declared a deserter by the military, the government issues a federal warrant for your arrest. If you are stopped by the police for any reason, you will be arrested as a deserter. You will be locked up in the county jail as you wait to be hauled back into the military system. As you spend up to a month in the county jail, you will likely be kept with convicted criminals. You will go long periods without soap, shampoo, or toothpaste. You won't be able to use your cell phone, and getting a call through to your family may be extremely difficult. Perhaps worst of all, you won't be given any information about when you'll be released from the jail and sent back to the military.
When you get back into the military system, you may be locked up again, maybe in a county jail, as you wait for your case to come around. When that day comes, you face charges that include the likelihood of confinement and a federal felony conviction that will stay on your record. It is critical that you have an experienced attorney fighting for you at every stage.
4. She needs an attorney
5. Maybe and maybe not. Only her attorney can fairly advise her on this.
She needs an attorney, but she needs one who will tell you the truth about your situation. The military almost never cares about medical conditions, hazing, or family issues as excuses for going AWOL. Appointed counsel will simply advise an AWOL client to plead guilty and accept the government's first offer. Usually that offer includes several months in jail, often more than a year, along with a Bad Conduct Discharge.
Perhaps the hardest fact to deal with from a lawyer's standpoint is that there is almost never a legal defense to an unauthorized absence. Because of that, some civilian military firms won't do AWOL cases. Worse, because there is no technical legal defense it is almost certain that an appointed counsel will advise the member to plead guilty. That will be the default advice, and the going-in position. That doesn't mean it's in her best interest.
Answer by Lets play
Was your friend AD?
She had multiple pregnancies in a year, she is trying to get out of the military. Time for her to face the music and enjoy her Dishonorable discharge.
What was she doing and where was she for those 5 months? I know you have asked this question before. What the hell was she doing for 5 months to get pay and health insurance? She wasn't working? She was taking advantage of the system while she got her self knocked up. Why didn't she contact her Command to find out her orders instead of talking to a Nurse? Are you kidding me? Your friend got herself in this situation......she is an idiot.
If she pleas, then she cannot guarantee they will grant lenience. She can request anything, but the does not mean they will take in consideration her health problems. It is apparent she got pregnant on purpose and was AWOL on purpose
Answer by DontTreadOnMe Vol. 2
There's clearly you're not telling us. And she miscarried and was pregnant again right after? Wtf?
Answer by HDH
She should have been reporting for duty every day during this time period, after her leave was over, unless there was some medical issue. I don't understand why she didn't return from leave. Usually they would keep her on duty at her training base, in a "hold over" status for people who can't move on their duty assignment yet for whatever reason.
At any rate, at this point I don't know how long the case will take. She shouldn't have a problem accessing any needed health care in the meantime, including labor and delivery, as she is still on Active Duty and thus falls under Tricare. They might offer her the option of leaving the service for the convenience of the government, or whatever they call the pregnancy discharge.
Answer by bluemesa159
Tricare isn't an administrative military authority. They don't have the authority to direct her to remain in place. She should've reported to the nearest USAF installation, presented the medical documentation to the Military Personnel Flight (MPF) and requested an assignment diversion.
By remaining in place, receiving pay and not doing anything for it, she was committing fraud against the government, as well as the AWOL status.
I'm sorry to say this, but your friend is an adult and she has to answer for her adult choice to not do her job.
Orignal From: AWOL/Desertion Case Active Duty Air Force, helping a friend and Need advice...Special Circumstances!?
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