(2) If a member is absent for more than 30 days, but less than 180 days, and returns to the military voluntarily, it could go either way. If there was a "reasonable" explanation for the absence (such as severe family, financial, or emotional problems), and the commander thinks the member has future potential, the commander could elect to allow the member to remain in the military. Otherwise, an administrative discharge is the most likely scenario (possibly combined with Article 15 punishment).
(3) If the member is absent for less than 180 days, and the AWOL/desertion status is ended by apprehension, the most likely result is an administrative discharge, under other-than-honorable conditions (OTHC), probably combined with Article 15 punishment. If the member went absent in order to avoid hazardous service (such as deployment to Iraq or Afghanistan), a court-martial is the most likely scenario.
(4) If the member is absent for more than 180 days, and voluntarily returns to military control, it could go either way. Depending on the circumstances surrounding the absence and the members prior conduct and performance, the commander may decide to impose administrative discharge (possibly combined with Article 15 punishment), or refer the case to trial by court-martial. If referred to trial, assuming there are no other serious charges, the commander would likely convene a Special Court, which would limit the maximum punishment.
(5) If a member is absent for more than 180 days, and the absence is terminated by apprehension, a court-martial is the most likely scenario.
I should mention here that, assuming there are no other serious charges, in the majority of cases where desertion/AWOL is referred to trial by court-martial, the member is allowed to request "discharge in lieu of court-martial," which means they agree to accept an other-than-honorable conditions (OTHC) administrative discharge, without fighting it (i.e., waiving their right to a board hearing), in exchange for not being tried by court-martial.
Keep in mind that the above are not hard-and-fast rules. They are simply my general observations over recent years. As I mentioned earlier, the individual who makes the ultimate decision as to how military offenses are processed is the commanding officer of the unit where the member is assigned after return to military control.
National Guard and Reserves
Under Article 2 of the Uniform Code of Military Justice, members of the Army and Air National Guard are not subject to the UCMJ unless they have been called to FEDERAL active duty service. This means that members of the National Guard cannot be punished (Court-Martial or Article 15) for missing weekend drills or failing to show up for the two weeks of annual training. This is because, unless called up to Federal active duty service, the National Guard belongs to the individual STATE and not the federal government. However many states have enacted state laws which mimic the UCMJ articles for Guard members performing state service.
In all cases, whether Guard or Reserve, members ordered to Extended Active Duty (EAD) -- such as for a deployment to Iraq or Afghanistan -- are subject to the UCMJ. Guard and Reserve members who refuse or fail to comply with EAD orders, or go absent while on EAD are treated the exact same way as active duty members who go AWOL.
What happens if a Guard or Reserve member fails or refuses to show up for weekend drill? The services don't generally court-martial Reservists who fail or refuse to participate in drill. What the particular service:
Army Reserves and National Guard
Under Army Regulation 630-10, Chapter 5, Army Guard and Reserve members who refuse to report to Initial Active Duty Training (IADT) are discharged for "entry level performance and conduct." Participation in weekend drills for Soldiers who have not yet gone to Basic/AIT is completely voluntary ( Army Regulation 135-91, Chapter 3), so these members who refuse or fail to attend unit drill are not considered "unsatisfactory participation." Members who report for IADT and then go AWOL are treated the same as active duty members who go absent.
After IADT, an Reservist who has accrued in any one-year period a total of nine or more unexcused absences from scheduled drill, or who misses Annual Training (AT) are considered "unsatisfactory participants." What happens then is up to the unit commander. If the unit commander feels the member still has to potential to be deployed, the commander can transfer the member to the Individual Ready Reserve (IRR). The commander can also impose a grade reduction in conjunction with the transfer. If the commander feels the member does not have potential to participate in deployments, the commander initiates discharge action. Most such discharges are characterized as other-than-honorable conditions (OTHC).
Air Force Reserves and National Guard
Air Force procedures are covered by Air Force Instruction 36-3209, and Air Force Manual 36-8001. Reservists who have been in the service for less than 180 days are considered to be in "Entry Level" status. Entry Level airmen who refuse to participate in weekend drill or refuse orders to IADT are almost always discharged. Most such discharges are characterized as "Entry Level." However, Reservists who go AWOL during IADT are processed the same as active duty members.
