How to Dispute a Military AWOL Charge

There is nothing funny about being charged with AWOL (absent without leave) when you are in the military. The penalties can be quite steep, including a federal warrant for your arrest and possible prison time if you are convicted of this charge. Of course, even the military makes mistakes, and you do have the power to dispute an AWOL charge if you have just cause.

Prove You Were There

Perhaps you've been charged with military AWOL even though you were not absent from your station. If you've been incorrectly charged, you will need to prove that you were present where you were supposed to be, which can be done through witnesses (an alibi) or through other means. For example, some areas of military bases are accessed only by security cards, which record the date and time they were used along with the officer's name. If this is the case, those records will prove you weren't AWOL.

Present Authorization

If you were given permission to leave by your commanding officer, you can present that authorization when you are charged with military AWOL. This demonstrates that you had every right to be absent from your post, and should result in a dismissal of your charges. Of course, you will have to show that you went through the proper channels to obtain permission, and that the person who authorized your leave was qualified to do so.

Show Unjust Denial

This is slightly more complicated than the scenarios described above, but you may be able to dispute a military AWOL charge on the basis that you were unjustly denied leave. This means that you requested a leave of absence for a good reason, but that you were denied permission. You will have to prove that the reason you left your post was sufficient to warrant doing so without authorization. These claims are usually unsuccessful.

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