Gone AWOL? What to Do in the First 48 Hours
Gone AWOL? What to Do in the First 48 Hours
Maybe you left after a fight with your chain of command. Maybe a family emergency pulled you away, or you hit a point where you could not walk back through the gate. However it happened, you are now absent without leave (AWOL), or unauthorized absence (UA) in the Navy and Marine Corps, and every day you stay gone makes your situation harder.
What you do in the next 48 hours can shape everything that follows: the charges you face, the punishment you risk, and whether you have a career left. Here is what you need to know.
Why the Clock Matters
The longer you are gone, the more serious it gets.
- Length of absence: The maximum punishment under Article 86, UCMJ, increases at the 3-day and 30-day marks.
- The 30-day mark: After 30 days, you are generally declared a deserter and dropped from your unit’s rolls. A DD Form 553 is issued and entered into the FBI’s National Crime Information Center (NCIC) as a warrant. From that point, any civilian police officer who stops you, even for a traffic violation, can arrest you and hold you for the military.
- How it ends: For absences over 30 days, the maximum confinement is higher if the absence ends with your apprehension than if it ends some other way, such as turning yourself in. How you return still matters to commanders, prosecutors, and judges.
- Intent: A long absence, combined with conduct like taking a civilian job or moving your belongings, can support a desertion charge under Article 85, which carries far more serious consequences. (See AWOL vs. Desertion: Why the Difference Changes Your Maximum Punishment.)
You also generally do not earn pay while absent, and enlisted members may have to make up lost time.
Step 1: Talk to a Lawyer Before You Call Your Command
Before you call your chain of command, talk to a military defense attorney. A lawyer can:
- Confirm your current status, including whether you have been declared a deserter
- Help you plan where and how to return
- Contact the command on your behalf, when appropriate
- Advise you on what to say, and what not to say, when you get back
Anything you say to your command, a friend in your unit, or investigators can be used against you. A short conversation with counsel first can prevent a statement that turns a UA case into a desertion case.
Step 2: Return to Military Control, On Your Terms
Coming back voluntarily is almost always better than being picked up. In general, you can return by reporting to:
- Your own unit, if you can get there; or
- The nearest military installation of your branch.
Each service has its own processing. The Army, for example, uses designated personnel control facilities, and the Navy’s absentee center (TPU) coordinates returns for Sailors. Your attorney can help you pick the right place and, when it makes sense, arrange the return in advance so it is documented as voluntary.
Bring your military ID and any documents that explain your absence, such as medical records, hospital paperwork, or evidence of a family emergency.
Step 3: Know What Not to Do
- Do not make statements about why you left until you have spoken with counsel. You have the right to remain silent under Article 31, UCMJ.
- Do not leave the country, get a new job, or move your belongings. These can be used as evidence that you intended to stay away permanently.
- Do not delete texts, emails, or social media. Destroying evidence creates new problems, and some of those messages may help you.
- Do not wait it out. The problem does not go away. It grows.
What Happens When You Return
Expect the command to document your return and decide on next steps. Depending on the circumstances, that may include:
- Restriction, or in more serious cases, pretrial confinement
- A command investigation
- Nonjudicial punishment (NJP)
- Administrative separation (ADSEP)
- Charges at a court-martial
- A request for separation in lieu of trial by court-martial, which typically results in an Other Than Honorable characterization
Which path the command chooses depends on how long you were gone, how you came back, your record, and why you left. That last factor is where a strong defense often starts.
If You Left Because of a Crisis
Many absences are not about avoiding duty. They are about something that felt impossible to manage: a mental health crisis, a family emergency, or bullying, hazing, or abuse in the unit.
These circumstances do not erase an absence, but they matter a great deal to how a command and a board view it. Document what happened: medical and counseling records, messages, names of witnesses, and any requests for help you made before you left.
We have seen how much this context can change a case. In 2021, Steph represented a Soldier who went AWOL after bullying and hazing by his immediate chain of command left him in crisis. She interviewed witnesses and engaged directly with his Battalion Commander. He was moved out of his company, mentored by senior NCOs, and allowed to continue his Army career.
If you are thinking about harming yourself, get help now. Call or text 988 and press 1 to reach the Military Crisis Line, which is free and confidential, or go to the nearest emergency room.
For Family Members
If someone you love is AWOL, encourage them to talk to a lawyer and return. Do not hide them or help them stay away, since knowingly harboring a deserter can itself be a federal crime.
If there is a family emergency, the American Red Cross can verify it for the command, which can support an emergency leave request. A chaplain can also be a confidential first point of contact.
Talk to a Lawyer Today
The sooner you get advice, the more options you keep. Kral Military Defense represents service members facing AWOL, UA, and desertion allegations across all branches, worldwide. Call 855-707-UCMJ or request a free case evaluation. See more of our case results. Past results do not guarantee a similar outcome.
