This is topic But is she really a deserter? UPDATED in forum Books, Films, Food and Culture at Hatrack River Forum.


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Posted by Boon (Member # 4646) on :
 
link

I know this woman. She's been in and out of the hospital several times since October. Her children currently live with her...there is no one else she feels she can trust so she's making my mother their guardian. She's frightened. She wants to do the right thing, but she's afraid for her health and her childrens' well-being.

[ April 09, 2005, 08:13 PM: Message edited by: Boon ]
 
Posted by mackillian (Member # 586) on :
 
[Frown]
 
Posted by dread pirate romany (Member # 6869) on :
 
[Frown] I feel so sad for this woman and her daughter. I woudln't call her a deserter, she has clearly said she would return to her duties when she was healthy and her children were taken care of.
 
Posted by Arthur (Member # 4026) on :
 
I also feel bad for her. I have a friend who's little girl is almost 2. Both her and her husband have been over in Iraq since their daughter was 3 months old, have been back twice for 2 weeks, but at different times. They have no family so their daughter is staying with a friend if theirs. I couldn't imagine leaving Thomas for any amount of time.
 
Posted by Belle (Member # 2314) on :
 
quote:
"People look at you as, you got that label as deserter and you know you've got this black cloud hanging over you, and I'm not a deserter.
Yes she is. I mean, she's been in the military for 17 years, she knows the definition of desertion, and this fits it.

I feel for her situation - and I realize that she felt trapped, but by not reporting when ordered she was officially AWOL, and the army does take that seriously.

I guess my main problem with her is the quote above - I would have much more respect for her if she stood up and said "yes, I deserted because I felt I had no choice."

There are official channels that can take care of these types of emergencies (talking about the child care issue, not the medical) I knew someone who worked as a social worker for the military, someone would have taken care of her child until her parents or whoever the temporary guardian was could get to them. As for the medical issue, we don't have very many details about it, but it apparently was not life threatening or hampered her duties in any way, so the army doesn't consider taking time off for a surgery they didn't approve as approved leave.

This is something that you know going into the military - that you may be called upon to serve and leave your family behind. This is an all-volunteer army, she wasn't drafted, and she had to know that when circumstances come up - you may have to deal with them from a distance. You can't just drop everything and leave because there's a crisis at home.

I feel sorry for her and for her family, especially the kids, but she is a deserter and she should turn herself in.
 
Posted by Zeugma (Member # 6636) on :
 
I strongly disagree. She is needed more by her family right now than she is halfway across the world fighting this stupid war.
 
Posted by Boon (Member # 4646) on :
 
quote:
feel for her situation - and I realize that she felt trapped, but by not reporting when ordered she was officially AWOL, and the army does take that seriously.

I guess my main problem with her is the quote above - I would have much more respect for her if she stood up and said "yes, I deserted because I felt I had no choice."

Okay, but she asked her superiors for an extension. Her request was denied, and she was ordered to go to the airport the DAY BEFORE she got the email with the order. How could she have followed that order?
 
Posted by Belle (Member # 2314) on :
 
Boon, the way you follow orders in the Army. You get the order - and you follow it.

My father had been waiting for months to receive his next set of orders. He got them on a Wednesday evening - he was to fly out Thursday morning.

Did he say "Wait a minute - I've been waiting for these orders for months, and you finally get them to me and only give me one night before I leave! No way - I've got plans. I'll have to fly out later."

No - he picked up the phone, called me and said "I got my orders, I'm off to Georgia for two weeks of training then I'm going to Guantanamo - I'll call you when I get settled" and he kissed his wife goodbye and drove to the airbase so he could get on a plane the next morning.

This is the army - your job is to follow the orders you're given.

If she is the type of person that wants to put her family above all else, and never let anything come between her and her family when they need her she should not have enlisted. It's a choice you make, it's a sacrifice.

I'm a military child - I understand it. Most people in the military understand it. It's not a question of do you feel like going, or do you think your family needs you more, or do you even agree with the policies or support the president that ordered it - you just go.

I would definitely be torn if I were in that situation - but see I know myself and I know the military life well enough to realize I could not do it so I've never enlisted.
 
Posted by Boon (Member # 4646) on :
 
I don't think I'm communicating very well. She got the order on the 24th to be at the airport on the 23rd.

She didn't get the order the day before she was to be at the airport. She was to be at the airport the day before she got the order.
 
Posted by Noemon (Member # 1115) on :
 
I think that Boon's point, Belle, was that the orders she received basically said "fly out yesterday". Hard to comply with an order like that. She could have dropped everything and flown out the day she received the order, of course, but she'd still technically have been in violation of the letter of the order.
 
Posted by Theca (Member # 1629) on :
 
But if she'd complied to the best of her ability, with the documentation in hand, then she probably would be in a LOT less trouble right now.

I agree with Belle.
 
Posted by TMedina (Member # 6649) on :
 
Considering the emotional elements of the case and the current recruitment challenges, the Army better do some emergency PR spin control ASAP.

-Trevor
 
Posted by Zeugma (Member # 6636) on :
 
She served just fine for 17 years, including, I assume, leaving her daughter on many occasions. This is an extraordinary circumstance. She followed protocol in requesting the leave.

There is a difference between someone going AWOL because they just don't feel like playing war anymore, and someone who wants to go back, but can't because her half-orphaned daughter needs her.
 
Posted by Belle (Member # 2314) on :
 
quote:
She is needed more by her family right now than she is halfway across the world fighting this stupid war.
She should have thought of that before she joined the army. She doesn't get to decide when to fight or what wars she wants to fight in. She fights where she is told to.

She's been in the army for 17 years, she should know this.

I have sympathy for her as a mother. As a soldier though - I have no sympathy for her plight. It's one faced by soldiers every day and it's heart wrenching and difficult and yet thousands of our fighting men and women do face it and do their duty.

My mother nearly died and had surgery and my father couldn't come home from overseas to be with her. He also missed my birth.

If we want to say that only those soldiers who aren't needed by their families should be fighting - we wouldn't have anyone at all. Can you show me one soldier whose family and friends don't need them at home?

Let's not get past the point that this was a career military woman. No one forced her to join, no one forced her to re-enlist. She knew the requirements, and the consequences for disobeying orders. She should turn herself in and accept those consequences.
 
Posted by Noemon (Member # 1115) on :
 
quote:
But if she'd complied to the best of her ability, with the documentation in hand, then she probably would be in a LOT less trouble right now.

I expect that that's true. The woman clearly did desert, I think--the question is whether she was justified in doing so. I suspect that refusing to turn herself in will be more likely to result in her ending up behind bars than just dealing with this by facing it directly.

That's not to say that I don't feel for her--I definitely wouldn't want to have to make a choice like that.

[ March 24, 2005, 01:44 PM: Message edited by: Noemon ]
 
Posted by Zeugma (Member # 6636) on :
 
Obviously the Army should just sentence her to death. They're legally allowed to, and it would set an example for all the other loving parents overseas right now who are considering deserting this honorable, necessary war.
 
Posted by Belle (Member # 2314) on :
 
quote:
She got the order on the 24th to be at the airport on the 23rd
Then she goes to the airport with orders in hands and says "I got these orders a day late. I'm reporting as ordered, however.

She doesn't decide just to stay home because someone messed up the orders. Somebody else's mistake doesn't mean she gets to desert without consequences.
 
Posted by TheHumanTarget (Member # 7129) on :
 
I don't think that any PR spin is necessary. This woman was a career soldier who knew her responsibilities to the service, knew her responsibilities to her family, and made a decision with all of the relevant information at hand. She enlisted and swore an oath that she failed to uphold. Now she needs to stand up and accept responsibility for her actions.
 
Posted by TMedina (Member # 6649) on :
 
Now you're being petty Zeug.

Belle's points are well made - when you sign on the dotted line, there are no guarantees you get to stop and go back when something bad happens.

I was trying not to point out that the parents should have had contingencies in place in case one or both died regarding the care and circumstances of their child. Especially if one is in the Service.

-Trevor
 
Posted by Space Opera (Member # 6504) on :
 
Zeugma, with all respect, when you enter into any armed forces branch you should know that you might be told to fight wars that you don't agree with. That's why if you have a problem with war you don't enlist.

But it is a sad situation. I hope things get figured out here. One thing confused me, though. She said in the article that her daughter was on the streets (her words) for four days after her father died. Surely this can't be true?

space opera
 
Posted by TMedina (Member # 6649) on :
 
You don't think so Target?

Considering the relatively desperate steps the Army is taking to bolster its ranks, including raising the enlistment age for the National Guard/Reserves from 34 to 39 as well as ordering up IRR soldiers.

The last last thing they need to be seen is damning a woman in a plight that most people not intimately familiar with the demands of military service could and probably would identify with.

-Trevor
 
Posted by Boon (Member # 4646) on :
 
She was on her THIRD voluntary extension in Iraq...she wanted to be home, but felt compelled to serve.

Her oldest daughter lived with the child's father while she was away. He died.

Her younger daughter lived with her husband. He is not the child's father. He filed for divorce while she was away, and moved himself and the child almost 100 miles away. He wouldn't let the child live with anyone else, even though she didn't want to move, and Theresa wanted her to live with Theresa's parents.

Theresa's health problems do, in fact, affect her job performance. She spent almost every day for months in the infirmary before she came home. She wants to do her job. She wants to be in the military. She's just trying to get her health straightened out, and her girls taken care of.

BTW, the reason she's naming my mother their guardian is because my mother DOESN'T WANT them. She'll take care of them until their mother gets home, but she doesn't want to raise the kids.
 
Posted by TMedina (Member # 6649) on :
 
That's the part that troubles me, Opera - and if it is true, it highlights the frantic, terrified emotional context of the situation and makes me believe the Army is pressing a losing cause in trying to make an example of her as a deserter.

Yes, she did desert. Yes, she should turn herself in and take the consequences. But if those consequences include a stint in Leavenworth, she'd better make sure precautions are taken for her children.

-Trevor

Edit: daughter to children

[ March 24, 2005, 01:54 PM: Message edited by: TMedina ]
 
Posted by TheHumanTarget (Member # 7129) on :
 
Zeugma, I'm astounded by your lack of tact and insight on this matter.

This woman should, and will, be used as an example. Death seems a bit extreme, but it is well within their rights. She signed the enlistment papers and was aware that she was committing a court-marshallable offence. She also knew that the military provides many levels of support and exemptions to deal with situations like hers. To allow her to willfully desert without repercussions would be very disrespectfule to all of the loyal men and women serving in our armed forces that left family behind.
 
Posted by TMedina (Member # 6649) on :
 
You really haven't considered the bigger implications of not handling this woman with kid gloves, have you Target?

-Trevor
 
Posted by TheHumanTarget (Member # 7129) on :
 
Trevor, I'd really like to resond in depth, but I'm already running late for a meeting.

The interesting thing about the military is that the upper brass may look for a PR spin, the rest of the service chugs along with what they're required to do. No amount of PR will save this woman from (at a minimum) a dishonorable discharge, and a forfeiture of any retirement pay due to her.

More later.... [Smile]
 
Posted by Space Opera (Member # 6504) on :
 
So Boon (if you don't mind me asking) was the child really on the streets until she got home? I can understand the mom feeling like her child was on the streets, because her only surviving parent was in another country and frantic to come home. I guess I'm asking because I want both parties to be completely honest about the situation and not add things out of drama. (that sounds bad, but I don't mean it in a bad way) Either way I still feel sympathy for the woman and hope things work out.

space opera
 
Posted by Boon (Member # 4646) on :
 
SO, I'm getting more details. I'll answer your question in a few minutes.
 
Posted by TMedina (Member # 6649) on :
 
I'm not saying she should receive a medal and be the poster child for Army compassion and kindness either. Belle has made several very good points about this woman's responsibilities and I've already observed a relative lack of planning for emergency contingencies.

But what I am saying is the Army, like any other organization, is more than capable of working around difficult situations if so inclined.

And clearly, the cost of "throwing the book" at this woman far outweighs any benefit gained. And I do mean cost in terms of public opinion, morale and other factors that the Army has to contend with now.

-Trevor
 
Posted by Zeugma (Member # 6636) on :
 
quote:
Zeugma, I'm astounded by your lack of tact and insight on this matter.
You're right. I need to exhibit the admirable tact and insight that this woman's commander showed her. She is being completely unreasonable. Obviously she deserves to die for this.
 
Posted by Boon (Member # 4646) on :
 
Okay...yes, the child was "on the streets" for at least a couple of days. It took her that long to walk to a relative's home.

The father was married, and the step-mother wouldn't let her call or email Theresa to tell her that the father died. The step-mother apparently kicked the 14 year old out after a disagreement.
 
Posted by ketchupqueen (Member # 6877) on :
 
Oh, my gosh. [Eek!]
 
Posted by Beren One Hand (Member # 3403) on :
 
I think this woman should get the punishment she deserves, not the punishment that would enhance the Army's image or serve as an example to other soldiers.

She is a deserter. The question is whether the extenuating circumstances should mitigate her punishment. The fact that the Iraq war is somewhat unpopular should not affect the outcome of this case.
 
Posted by Boon (Member # 4646) on :
 
Oh, and her superiors have always known where she was/is and how to reach her. She has medical documentation. She was in contact with them via email and telephone, but apparently she "failed to physically present herself."
 
Posted by Zeugma (Member # 6636) on :
 
Hey, if a 14-year-old girl had to spend a couple of days walking to another relative's house after her father died because her mother was too important to the war, then that's her duty as an American citizen. If her mother had been allowed to come home and care for her, then she wouldn't have been in Iraq to protect us Americans from..... uh..... mass destruction?
 
Posted by Beren One Hand (Member # 3403) on :
 
quote:
The father was married, and the step-mother wouldn't let her call or email Theresa to tell her that the father died. The step-mother apparently kicked the 14 year old out after a disagreement.
We need to report this woman to the police.
 
Posted by Space Opera (Member # 6504) on :
 
That's horrible. Though, I admit, it sounds as though that's the witchy stepmother's fault and no fault of the army. I would agree that the woman is a deserter, but I sincerely hope that the army does take the circumstances into account. Things just can't be cut and dried all the time when parents serve, you know?

space opera
 
Posted by TheHumanTarget (Member # 7129) on :
 
Where the military is concerned, all things are cut and dried. Regs are regs, and there are consequences for your actions.
The fact is that regardless of the unfortunate situation that she found herself in, she deserted. Should she go to jail? No, of course not. Shold she be punished in some manner? Yes.
 
Posted by Space Opera (Member # 6504) on :
 
THT, I guess that was wishful thinking on my part. My cousin just returned home on leave after a 13 month deployment, so unfortunately I'm well aware of army regulations. I'm glad I'm not making the rules, in any case. [Wink]

space opera
 
Posted by TMedina (Member # 6649) on :
 
Heh - not according to the grunts I've known.

-Trevor
 
Posted by Beren One Hand (Member # 3403) on :
 
quote:
During wartime, the punishment for desertion ranges from reprimand, to death. (From Link in post 0)
That's a big range.
 
Posted by TheHumanTarget (Member # 7129) on :
 
It would be nice if things were different.

I come from a very military oriented family, and I've seen the good and the bad of military life. During the early nineties, my father was deployed (somewhere...he still won't tell me) and I was diagnosed with cancer. The Army had him returned to the D.C. area within 24 hours of receiving notification. That's part of why I find it so difficult to hear that this woman had no options.
 
Posted by TMedina (Member # 6649) on :
 
That does cover all the basics though - allowing the officer(s) in charge to mete out what is deemed as a fitting punishment.

-Trevor

Edit: The "Army" is like any other organization - only as good as the cogs in the machine.

[ March 24, 2005, 03:20 PM: Message edited by: TMedina ]
 
Posted by Bean Counter (Member # 6001) on :
 
As a 17 yr vet it is likely she could get out pretty easily, unless she is under a stop loss MOS. I think it is sad that she is facing so much trouble, but she did not do this for her daughter, how much worse will it be for her child while she is serving a five year prison term? She may have mental health issues that mitigate but certainly not family issues that qualify.

BC
 
Posted by Lyrhawn (Member # 7039) on :
 
My family has had very bad experiences with the military. My brother was a marine serving at 29 Palms in CA. He had a ton of medical issues from things he picked up in boot camp (including fibromyalgia and cellulitis that literally ate a hole through his thigh). They did little to restrict his duty and get him anything resembling decent medical care. He kept asking his superior officers for help on the matter, but was repeatedly more or less told to shut up and not cause any trouble on the matter.

Lucky for him my mom is a fanatical loving mother who emailed, called, wrote, and faxed our Senator asking for invervention (which he promptly got), and made a call to our Uncle whose cousin (on the other side of the family) is the head of the Air Force medical division or something like that. Finally he got a medical discharge, but even then they left him pretty much out in the cold. The VA Hospital was wretched, and he had to have several surgeries for problems that developed as a result of the diseases he picked up. He gets his school paid for but other than that receives no benefits, and no medical care. I should also note that when his commanding officer found out he was being discharged he purposely held him until one day before his two year mark (in a four year enlistment) and then sent him home, this way they wouldn't have to pay out benefits.

I have a low opinion of the military (and yes I know my personal story has nothing to do with the case at hand, just a little background on my feelings, and a nice anecdote on the lack of success some have with "official channels").

Yes this woman is a deserter, she should be punished somehow. But the military needs to take a realistic view on this, she needed to get her home situation in order. Having a family issue that you want to take care of is one thing, but when you are needed, it's another matter I feel. Yes she knew that something might happen to her family, but I'm guessing she never imagined something this tragic would happen. Punish her, give her some confinement time (a month), a punitive reprimand, fix her medical issues, then send her back to finish her tour.

[ March 24, 2005, 04:05 PM: Message edited by: Lyrhawn ]
 
Posted by Belle (Member # 2314) on :
 
quote:
If her mother had been allowed to come home and care for her,
Even if she could have called her mother, I can guarantee there is no way the mom would get home in 48 hours from overseas. The person at fault for the girl being on the streets isn't the military, it's the stepmother who apparently kicked her out (assuming all that is true)

Why the girl couldn't go to a pay phone and call her relative is a little confusing to me, but hey, I wasn't there.

Still, none of what happened before has any bearing on whether or not she is a deserter now.
 
Posted by jexx (Member # 3450) on :
 
"If the Army had wanted you soldiers to have families, we would have issued you one."

*grin*

Not to make light of this woman's situation, of course, but that is a phrase Army Spouses like to grumble at one another when the military is being particularly uncooperative towards family members.

She is absolutely a deserter by definition. There seems to be mitigating circumstances (from what I have read). I hope JAG takes that into consideration.

The stepmother needs arresting and interrogation and whatnot. So sez I.

The military (Army in particular) is wretched when it comes to personnel with medical issues. Especially when it seems that the soldier will have to be separated with a medical disability. My friend's husband is dealing with that right now, he probably has Krohn's disease (an ailment of the gastrointestinal and immune system) and is dealing with kidney stones this very moment (poor friend!) but his commander wouldn't let him out of a training session for sick leave. The man is in recruiting, you see.

The Army loves to throw Motrin (or its generic equivalent) at medical problems. My husband's wretched back (from operating heavy equipment) is evidence of that.

I have sympathy for this soldier (the woman of Boon's story), but not surprise.
 
Posted by King of Men (Member # 6684) on :
 
I think the death penalty for desertion can only be applied if it is 'desertion in the face of the enemy'. In other words, running away while you're under fire and leaving your comrades to get shot. I strongly suspect that there cannot be a death penalty for not showing up at a base behind the lines.
 
Posted by Boon (Member # 4646) on :
 
Well.

After some cursory legal research (I'm not a lawyer nor a law student, merely a googler) it appears she's guilty of being AWOL but not of desertion, since she does not intend to be away from the military permanently.

link
 
Posted by Icarus (Member # 3162) on :
 
What a sad case. [Frown]

Belle's logic is pretty compelling. I agree that she is AWOL, but I would hope the powers that be would lean toward the lenient side of that rather large range of consequences they have available to them, given the circumstances.

I don't agree that she should never have signed up in the first place if she was not prepared to abandon her daughter. These are pretty unforseeable events.

I have to say that the medical claim sounds, not illegitimate, but like it's being used as an excuse. Let me explain: I understand what you say about her being in and out of care while on duty, etc. etc. But it sounds like she had no plans to go AWOL for the medical condition alone, until this thing with her daughter came up. It sounds like she then threw this in the mix as well in order to get emergency leave. Nothing wrong with that up to that point, but then it's not really a mitigating factor in her AWOL status, once that emergency leave was denied.

As far as the orders arriving after the date she was to report, again, I agree with Belle. If she had gone the next day, with documentation, I doubt she would have been punished. I'm not condemning her for making the decision to go AWOL, mind you, simply saying that her health problems and the error in her orders do not really mitigate. The sympathy I have for her actions (I have far more sympathy for her situation in general) is based on the situation with her daughter alone.

(I have students try to pull this sort of "You said to do problems 2 through 20 even and there were only eighteen problems on the page, so I did nothing" routine all the time. An error in your instructions does not free you from all responsibility to follow them.)

Again, I'm sorry if this sounds harsh. I am not condemning her. I think even someone who makes a committment like hers can find a situation where that committment is not as important as the committment we make to our families. There is a time to honor all committments, and there is a time to decide which ones are your priorities. For example, my children would be better off if I were at home to take care of them instead of working, except that working is part of how I take care of them, and I have good reason to believe they are well taken care of while I am gone. In the meantime, I have signed a committment to my employers, to give them my time and my effort, and part of that committment includes not being absent without notice. But if I get a phone call in the middle of the day that my kids are sick, I leave. That's just how it is. I understand that the situations are not remotely parallel, but I'm just trying to further illustrate why I don't condemn her for her actions, or say she never should have joined if her committment was not "serious," but why, in the end, she did fail to follow orders, and she is guilty of at the very least being AWOL.

-o-

[Mad] Something should be done about that stepmother, and about that ex-husband as well. (The one who's still alive, or did I misunderstand? That part was rather confusing.)
 
Posted by ketchupqueen (Member # 6877) on :
 
I think the ex-husband died, and that's when the daughter was kicked out.
 
Posted by Icarus (Member # 3162) on :
 
But there were two different men, right? One who died, but wasn't the one who moved someone else?
 
Posted by jebus202 (Member # 2524) on :
 
I'm pretty sure if Belle was in the same position and found out that her daughter was wandering the streets for a few days she'd just sigh and say "Oh well, that's just the way it is. Can't break my oath just for my daughter."

Nice trying to make it sound like you give two craps about her problem, super-mommy.
 
Posted by Boon (Member # 4646) on :
 
jebus, please alter or remove your post. That was personal, and totally uncalled-for.
 
Posted by Boon (Member # 4646) on :
 
More of the story: the man who died was the 14 year old girl's father. His wife is the evil-step-woman. Turns out there's a son, as well, and there is now a custody case pending for him...very complicated situation.

The soon-to-be-ex is the one who moved.
 
Posted by Icarus (Member # 3162) on :
 
And he moved with a child who is not biologically his? Did he adopt this child while married to her?
 
Posted by Boon (Member # 4646) on :
 
Yes and no, respectively.
 
Posted by mackillian (Member # 586) on :
 
The situation is ALL kinds of messed up. [Frown]
 
Posted by Belle (Member # 2314) on :
 
Hey jebus - Belle isn't in the military. She knows she could never leave her kids to go overseas. That doesn't make me a super-mommy, it just makes me different from this woman and others who choose a career that can take them away from their kids. Not the word "choose". No one forced her into this.

And you'll note in my first post I said there are systems in place to handle emergency situations. The army did give her two weeks emergency leave to go take care of the situation. And as I said before, the army has social workers and other civilian contractors whose job it is to assist in family crises.

So get personal with me all you want - it doesn't bother me. It doesn't chagne the fact that this woman knew the requirements of her job and chose not to fulfill them. Therefore, she should suffer the consequences. Whether it's desertion or AWOL, or whatever.
 
Posted by Stan the man (Member # 6249) on :
 
Wow, looks like I missed all the fun in this one. I'll put my 2 cents in and live on.

1) Deserter.....Like Boon "Googled", I would as well term it as AWOL. What we call U/A in the Navy.

2) I think her Commander is a prick, but I don't know what his circumstances were. Not a single one of us is important enough that we should just have to be there. It would have been permissable for her to be granted a few extra days or a week. Sheesh, we sent a guy home (what was left of it) 3 months after 9/11 because his house burned down. His wife had made it out ok and she had what little belongings left in her car.
 
Posted by Kwea (Member # 2199) on :
 
Boon, AWOL is a form of desertion, if it goes on past a final notice. If she has repeatedly refused to present herself upon being commanded to do so, she has deserted.

There are factors that have to be considered, but they can't just let her off for this no matter what the reasoning was behind it.

Was the treatment she recieved considered optionsal? If so she doesn't really have much of a defense, but if she can get MD's to certify her medical problems she might have a small chance of a Gneral discharge rather than a Dishonorable one.

I hope I am wrong for your sake, and hers, but I don't really see how it could work any other way. [Frown]

[ March 25, 2005, 02:39 AM: Message edited by: Kwea ]
 
Posted by Kwea (Member # 2199) on :
 
Here is the official UCMJ definitions, I hope that helps.

It could well be both, to be honest, but the punishment for deserting is a lot worse on average.
 
Posted by Stan the man (Member # 6249) on :
 
quote:
Many people believe that if one is absent without authority for greater than 30 days, the offense changes from AWOL to Desertion, but that's not quite true.

The primary difference between the two offenses is "intent to remain away permanently." If one intends to return to "military control," one is guilty of "AWOL," under Article 86, not Desertion, under Article 85, even if they were away for ten years. The confusion derives from the fact that, if a member is absent without authority for longer than 30 days, the government (court-martial) is allowed to assume there was no intent to return. Therefore, the burden of proof that the accused intended to someday return to "military control" lies with the defense

It is said she intends to return. Therefore it does not fit as deserter. I have had a few deserters from my ship. It was just because they were stupid people really. One was having a time of it until he got pulled over for speeding (has a history of this 20 times over). So we got him back. He somehow left again about a week later. Another one his parents turned him in (it was the how and stuff on his going U/A that was a trip).

Anyway, that was my 3rd cent. I'm gonna start charging somewhere around 5 cents I think.
 
Posted by Boon (Member # 4646) on :
 
[Frown]

At 5am Easter morning, the police took her away.
 
Posted by Icarus (Member # 3162) on :
 
[Frown]

Who is taking care of her kids?
 
Posted by Boon (Member # 4646) on :
 
My mother.
 
Posted by J T Stryker (Member # 6300) on :
 
quote:
"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me , according to regulations and the Uniform Code of Military Justice. So help me God."

 
Posted by Kwea (Member # 2199) on :
 
My point was the last point of your sentence...that she is the one who has to prove her intent to return, and that is tough to do. Intent involves more than just saying that she will someday, and the UCMJ states that the US government's default position on these issues is de\sertion, unless proved otherwise.

I hope she and her children will be OK, and that she manages to convince the military of her intent to return to duty one day. My heart goes out to her and her family, and God bless your mom for helping her out in these tough times, Boon.

Kwea
 
Posted by ketchupqueen (Member # 6877) on :
 
Boon, keep me informed on how the child(ren?) is/are doing. (She only has the one, right?) I hope arrangements have been made by the mother for custody in case she's gone long-term. If that turns out to be the case, and help is needed, I would like to know, there may be something I can do (clothes, school supplies, etc.)
 
Posted by Boon (Member # 4646) on :
 
My mother has legal guardianship of the two girls, aged 10 and 14. The son is in Texas with the deceased father's widow.

She and the girls were living in a two bedroom mobile home with beds and little else. My parents live in a travel trailer. Now my mother has to move in with the girls, find furniture for them, get plates, pans, etc for the kitchen...not to mention feeding the girls, enrolling them in school...it's such a mess. The whole thing just sucks all over.
 
Posted by Zeugma (Member # 6636) on :
 
My favorite part is that this woman is getting slammed both for being a bad solider, and for being a bad mother for enlisting in the first place.

God Bless America.
 
Posted by Kwea (Member # 2199) on :
 
I don't think she is a bad mother, although there are plenty of concerns that every person who enlists has to consider, and this is at the top of the list.

But point blank, she has refused legal orders repeatedly, and has placed herself above the system that all soldiers have to respect. This isn't the first time something like this has happened, and there are a lot of things in place to help soldiers in these types of situations, so I have a hard time believing she was without options other than her current course of action. I don't know the specifics of this case as I am not personally involved, unlike other people here, but I was in the military so I do have an idea about the responsibilities of being a in the military.

My heart goes out to her, and I hope that she gets some sort of discharge and is able to take custody of her children as soon as possible. That is the best she can hope for at this point, I am afraid.

Kwea

[ March 27, 2005, 06:16 PM: Message edited by: Kwea ]
 
Posted by Belle (Member # 2314) on :
 
Who slammed her for being a bad mother? I specifically said my choice does not make me a better mother than her.

I think taking her away on Easter morning is a bit over the top. Here's how I would prefer it be handled: Convict her of desertion or AWOL or whatever, but don't make her have to serve jail time. Dishonorably discharge her from the military, and send her on her way. She would not have to serve time and be away from her kids but she also doesn't escape responsibility or consequences for her actions. That conviction and dishonorable discharge will be something that has to be disclosed on every job application and will follow her the rest of her life. So there are repercussions for her actions, but she doesn't have to go to jail.

The victims here are those kids - they lost a father, and now their mother has been carried off to jail.
 
Posted by Kwea (Member # 2199) on :
 
Holidays are prime time to find people at home...it is common both in the military and in law enforcment to do things like this at those times, when people aren't expecting it.

That being said, I believe Boon said she was in touch with her unit, and they knew where she was and where she was recieveing medical treatments.

Kwea

[ March 27, 2005, 07:58 PM: Message edited by: Kwea ]
 
Posted by ClaudiaTherese (Member # 923) on :
 
Kudos to your mother for stepping up to the plate, Boon.
 
Posted by Boon (Member # 4646) on :
 
She's home.

She's been at Ft. Sill. She's managed to prove that she was IN THE HOSPITAL when she was supposed ot report, and that she was IN THE HOSPITAL and IN TOUCH with her superiors at the time they declared her AWOL. So she's exonerated and was sent to Tulsa today on Greyhound.

She went straight to her base in Broken Arrow, where they said something to the effect of "we don't know what to do with you. You'll have to go back to Ft. Sill Monday to be treated for your medical condition."

So, they sent her home but she has to go back Monday. Whatever.
 
Posted by BannaOj (Member # 3206) on :
 
*yay!*

AJ
 
Posted by Morbo (Member # 5309) on :
 
That's good news, Boon.

Ha, instead of prison, they've sentenced her to administrative hell. She could become the Flying Dutchwoman of the Interstates.
 
Posted by jebus202 (Member # 2524) on :
 
Hospital or no, rules are rules.

Circumstances that are out of her control really aren't an issue when it comes to deserting.

[ April 09, 2005, 08:52 PM: Message edited by: jebus202 ]
 
Posted by Kwea (Member # 2199) on :
 
Honestly, it really could go either way on something like this. I hope it all works out for her, and for your mother.

Kwea
 
Posted by Dagonee (Member # 5818) on :
 
Contact with her superior officer will go a long way to establishing that her intent was not to separate permanently from the service. I hope everything works out for this family.
 
Posted by Belle (Member # 2314) on :
 
Yeah, it sounds like AWOL instead of desertion at this point. Which is still a big deal - and it still could lead to significant trouble for her.
 
Posted by Boon (Member # 4646) on :
 
No, she's not in trouble anymore at all.
 
Posted by rivka (Member # 4859) on :
 
I'm glad her kids have their mom back. I hope she gets the medical issues resolved soon. [Smile]
 
Posted by Boon (Member # 4646) on :
 
Nothing new, but this is the story that aired on Monday. The last few words were cut off, but it ended something like: "Russell hopes to retire with a full 20 years of service."
 
Posted by Noemon (Member # 1115) on :
 
So, for how long will your mother have custody of the daughter?
 
Posted by Boon (Member # 4646) on :
 
My mother has custody of both daughters, indefinitely, and is living with them. Teresa can come home between treatments, but with the price of gas, she won't be making the trip all that often. And once she has her medical stuff fixed, she's still a reserve and will serve - in whatever capacity is required of her.
 


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