Im some trouble, looking at artice 107 and article 86

Miketrunda · #1 May 22, 2008, 04:10 AM

Well here is my story; I enlisted in the Air Force for four years. I was due to separate June 23rd with an honorable discharge. I have had my fair share of trouble before, I received and Article 15 for being drunk and disorderly and have had a fair share of paper work. I was still given an honorable discharge on my separation orders. This is the bad stuff though. Last Friday and I’m talking May 16,2008 I didn’t go to work and made a fake appointment slip claiming I had a legitimate reason to be out of duty for one day. I turned in the appoint slip when asked where I was, they did some research and discovered it to be a fake. I went to my first sergeant today and he read me my rights saying if the commander approves, I will be charged with an Article 107 and 86. I’m a little scared cause I read people going to jail and losing all pay. You think they will send me to jail? It was only one day but still I’m scared out of my mind and I am stuck here in Korea. I feel so stupid, I only had 30+ days to go and I messed it all up. I already told my shirt I am guilty and hopefully he will have sympathy on me, but I don’t expect it. Should I prepare for the worst? I read if I’m charged with a 107 or 86 it is a court martial as directed. What does that mean, it is an automatic court marital? I’m helpless! Should I consider a civilian lawyer?

rodandy12 · May 22, 2008, 04:39 AM

Nothing is automatic. Ultimately, it will depend on how much of a hard a** the CO wants to be...with strong input from the first shirt. Basically, they have you by the short and curlies if they want you. My guess is that it depends on how big a pain in the a** you have been to them over the time you've been there...Osan or Kunsan?

There is considerable range in what they can do with you at this point. If it were me, I'd let you stew in it for a while and send you on your way. Leavenworth doesn't need to increase its population. But, I'm not those guys. They could well take your pay and either give you a "Discharge, Other than Honorable" or a Dishonorable and they could send you to prison for up to 5 years. Not knowing more about the situation, I couldn't say.

I wouldn't go the lawyer route until they tell you that they are going the court marshal route. A lawyer would have told you to keep your mouth shut and it is too late for that. I think you have to hope that you are so short, the best interests of the Air Force will be served by harassing you for the next 30+ days and letting you go.

Miketrunda · May 22, 2008, 04:57 AM

Thanks for the input, I pray to god I don't get a dishonorable. I am in Kunsan and my commander said he likes me before, what your saying is if he charges me with these crimes, it is not an automatic court martial. I would do anything not to be dishonorable discharged. I would rather go to Iraq and die for my country then that happen to me. Man I messed up bad!

rodandy12 · May 22, 2008, 05:05 AM

It is not even automatic that they will charge you. There is a lot of discretion in the UCMJ.



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