Can a Soldier Who Goes AWOL Be Arrested at the Airport?

In the context of military service, when a servicemember goes AWOL (Absent Without Leave), a critical question arises: can such a person be arrested if they attempt to board a plane? This article delves into the legal and procedural aspects, shedding light on the recent trends and ensuring compliance with the latest regulations.

Understanding AWOL and Its Implications

AWOL, as defined, means a servicemember who is absent from their unit without official leave or permission. Being AWOL is not only unethical but also illegal under military law. The severity of the offense increases with the duration, as a service member who goes AWOL for more than 30 days is considered a deserter, which comes with severe penalties.

Law Enforcement and Military Authority

When a soldier goes AWOL, military police or civilian law enforcement can legally detain and interrogate the individual. If the AWOL status of the servicemember is reported to law enforcement or airport security, they will be denied boarding and may face arrest at the airport.

Reporting and Legal Procedures

Should the AWOL status of a soldier be reported to relevant authorities, such as Homeland Security, the Transportation Security Administration (TSA), or even the FBI, the situation significantly escalates. If the servicemember is on a no-fly list or if their AWOL status is flagged, they will be denied entry to the plane, and if necessary, may be arrested at the airport.

The 30-Day Rule and Deserter Classification

It is crucial to understand the 30-day rule. If a servicemember is absent for less than 30 days, they are categorized as AWOL. However, if the absence extends beyond this period, the classification changes to desertion. This distinction is significant because deserters are given more serious consequences, including automatic notification to the FBI.

Avoidance of Legal Consequences

The majority of AWOL soldiers find a way to return to their units voluntarily before the 30-day period ends. This ensures that, in most cases, airport security agencies will not receive reports about their AWOL status. However, if a servicemember is classified as a deserter, the FBI will automatically be notified, leading to their permanent placement on a "watch for" list that is shared with airport security agencies.

Conclusion

In conclusion, a soldier who goes AWOL can indeed be arrested at the airport if they attempt to board a plane, especially if their status is reported to law enforcement or airport security. Understanding the distinctions between AWOL and desertion, along with the legal procedures in place, can help servicemembers and their families navigate these challenging situations more effectively.