Mushroom
Gold Member
not until you've been gone 30 days.
That is the general definition, and is mostly what is used in court martials.
But if an individual states that they are not returning to duty, they can actually be charged after only being gone a single day. As they have given a statement that they were not going to return for duty. But that rarely ever happens, so the 30 day rule is the general benchmark that is used.
In one unit I was in at Fort Bliss, we actually had a guy that had become a master at that. He was a druggie, and he knew that the penalty for going AWOL was less than for popping hot on a piss test. So whenever a test came up he knew he would fail, he would go AWOL for 28 days. Come back just in time to avoid desertion charges, do the typical punishment (normally forfeiture of pay and a week or so in-house confinement), then carry on. He did that 3 or 4 times, before he stupidly tried to rob a truck stop after going AWOL because he did not have enough money to go home for the month he normally did.