# AWOL & Baby coming



## Thrones (30 May 2011)

My ex is currently on PAT in Gagetown. We're expecting the birth of our second baby within the next 3 weeks.

He had duties on Sunday and got someone else to take it so that he was able to come home and see our son for the weekend. Apparently, he didn't get this or a leave pass approved, and he is now on charge parade for being AWOL.

Does anyone know if this will affect him being able to come home for the birth of the new baby? Also, what is the standard leave that is given for the birth of a child (not talking taking parental leave)?

I don't really have anyone else to be there for me, and I'm extremely worried that this is going to keep him from being here.


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## dapaterson (30 May 2011)

Soliders have annual leave they can use; their chain of command also has authority to give short leave of up to 48 hours in a month.

There are no explicit provisions for childbirth leave.


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## 211RadOp (30 May 2011)

Thrones said:
			
		

> Does anyone know if this will affect him being able to come home for the birth of the new baby?



Maybe.  

If he is found guilty and he is sentanced to stoppage of leave or confinment to barracks, it may be during the time of the birth.  This will depend on when the summary trial is held, if he is found guilty and when you give birth to your child.


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## Thrones (30 May 2011)

211RadOp said:
			
		

> Maybe.
> 
> If he is found guilty and he is sentanced to stoppage of leave or confinment to barracks, it may be during the time of the birth.  This will depend on when the summary trial is held, if he is found guilty and when you give birth to your child.



So I guess I should keep my fingers crossed that baby makes her appearance sooner than later so that it happens before trial.


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## Anny (31 May 2011)

I hope he is there for your babys birth.  I can see some recourse because of his actions, but to deny him being there when he is in country I believe is simple spite.


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## aesop081 (31 May 2011)

Anny said:
			
		

> I hope he is there for your babys birth.  I can see some recourse because of his actions, but to deny him being there when he is in country I believe is simple spite.



"If you can't do the time, don't do the crime"


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## Anny (31 May 2011)

CDN Aviator said:
			
		

> "If you can't do the time, don't do the crime"



True enough.  Cliches aside, since it is a free country, I am entitled to my opinion, as are you, and my opinion is it would be spiteful to not allow him there for the birth.  For the child's and mothers sake, I hope he is there.


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## aesop081 (31 May 2011)

Anny said:
			
		

> since it is a free country, I am entitled to my opinion, as are you,



Please point me to the part of my post that indicates that you are not entitled to have an opinion.


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## aesop081 (31 May 2011)

Anny said:
			
		

> Cliches aside,



It is not a cliche. If the member was not willing to live with the possible consequences of going AWOL, then he should have been in the right place at the right time. 

That being said, of course, the member has not been found guilty of anything yet, much less sentenced to anything.


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## Loachman (31 May 2011)

Anny said:
			
		

> I am entitled to my opinion



Yes, you are.

Your opinion, however, is irrelevant.

The only opinion that _*is*_ relevant is that of the Presiding Officer.

"Spite" will not be a factor in his/her decision.


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## McG (31 May 2011)

... and, assuming there is a finding of guilty, the Presiding Officer can only consider the pending birth if the member (your ex) makes him aware by choosing to make representations with that information.


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## MAJONES (1 Jun 2011)

I would suggest that your ex speak with the padre about your situation.  Padres have a fair bit of lattitude when it comes to talking to the chain of command.  There is no guarantee that the padre will make things come out in your favour, but getting him on side won't hurt.


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## McG (1 Jun 2011)

MAJONES said:
			
		

> Padres have a fair bit of lattitude when it comes to talking to the chain of command.


By what is written above, charges are already laid.  It would be improper of the padre to attempt to influence a presiding officer.


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## helpup (1 Jun 2011)

His AO should be able to bring it up at a mitigating factor.  The padre could bring it up as much as his CoC could, prior to the charge parade to the CSM to see if the charge could be done at a later date ( say after the birth ) or post haste so any punishment could be over with prior to the birth.  Mind you with the length of time RDP's take to get back from the JAG here it may be moot to the point anyhow.  

My other point is if you Ex brought this up through his CoC either verbally or through memo he should be able to attend.  We do it all the time here.  Charge or not, however if he is a magnet for trouble then they may not look at the request in a favourable light.


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## Ice97 (5 Jul 2011)

Hmm...last post was June 1st...so i'm guessing that the baby is here and that he has already been charged.  I hope that he was able to be there for the birth of your child....I wouldn't be able to live with myself if I missed the birth of any of my children over something like this.  That being said....an AWOL charge is an AWOL charge.  He had a Military duty...and instead of going through his CoC....he got a friend to cover and took off....no matter which way you put it, that is an AWOL charge and i'm guessing he was guilty.  If it was his first one...which i'm guessing it was....then it was probably just a small fine....maybe some defaulters.  If there were defaulters issued....then hopefully it either started after the baby was born.....or he was given a break inbetween


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## OldSolduer (5 Jul 2011)

OK let me get this straight:

CF Member is a PAT - married or C/L and wife is expecting...or has given birth. CF member goes Absent Without Authority to be at the bedside. Commendable - but he is AWA.

First thing - CF member has to make CoC aware of the pending birth.

Second - CoC SHOULD, if possible, give the soldier the time to be with his wife - He's a PAT - its not as if he's going on a mission any time soon.

Third - if I was his Assisting Officer I'd express the fact that he is a PAT and was unsure what to do, coupled with the  stress of pregnancy of his wife....he made a poor decision and should not be held against him.


Not only that, we know from experience that some PAT platoons (battalions) are poorly supervised and poorly led. He may have informed his CoC....or he may not have. Anyone know the result of this?


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## ballz (5 Jul 2011)

Not to stray from the main topic but two people have mentioned the AO. I am wondering if it is the AOs place to be arguing these points? I thought his role was to ensure the person was treated fairly and according to procedure, but not to be a lawyer?

I am also interested in hearing the results, because if he had a buddy willing to do his duties for him, and he informed his CoC (I am guessing this is the part that didn't happen.. but anyway), they should have been more than happy to let him go do what he needed to do. As Jim said, it was only on PAT platoon anyway.


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## Teflon (5 Jul 2011)

ballz said:
			
		

> Not to stray from the main topic but two people have mentioned the AO. I am wondering if it is the AOs place to be arguing these points? I thought his role was to ensure the person was treated fairly and according to procedure, but not to be a lawyer?
> 
> I am also interested in hearing the results, because if he had a buddy willing to do his duties for him, and he informed his CoC (I am guessing this is the part that didn't happen.. but anyway), they should have been more than happy to let him go do what he needed to do. As Jim said, it was only on PAT platoon anyway.



You are right that the assisting Officer is not a lawyer or acting as one but he/she is allowed and expected to ensure that the member is treated fairly and according to procedure and ensuring all relevent information is available during the Summery Trial such as money situation and midigating factors (which could help determine sentence ie: fine and defaulters) Now the member could bring up any midigating factors on his own during his bit but it has been my experience that the accused generally request any be brought up by their AO and with this being a PAT I assume that he wouldn't be feeling very talkative at his trial.


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## OldSolduer (5 Jul 2011)

The AO can help the accused prepare their case to whatever extent the accused wishes. During my stint as AO, the accused herself questioned one of the witnesses.

The AO's duties include explaining the differences between Summary Trial and Courts Martial, including right to representation, powers of punishment and appeals.

It was an interesting thing to do. I must have done well, my accused was awarded a "Caution".


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## McG (5 Jul 2011)

ballz said:
			
		

> I am also interested in hearing the results, because if he had a buddy willing to do his duties for him, and he informed his CoC (I am guessing this is the part that didn't happen.. but anyway)


In addition to not informing the CoC, there is also the possibility that nobody showed for this duty and the BDO spent half a Sunday waiting for a replacement to be sourced from the school and several members of the CoC had their weekends inturupted to clean-up this mess.



			
				ballz said:
			
		

> ... they should have been more than happy to let him go do what he needed to do. As Jim said, it was only on PAT platoon anyway.


Of course, this assumes there were no issues of conduct or performance relating to the member and that the place he wanted to be was within driving distance for a weekend (or that there was no training occuring on the following week and member had sufficient annual leave to make this visit).


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## wildman0101 (12 Jul 2011)

ONCE UPON A TIME,
I did said same: Re: baby coing.
1. Panic(wholly I got a baby comin)
2. Ask buddy to cover 
3. Phone everyone(under the sun)
supervisor's-sgt/WO any body to re
quest leave. Can't get ahold of anyone 
so you bomb-off hoping for the best 
knowing a charge might be happening
when you return to unit.  You return and 
charge's are laid. Meantime your sweatin 
bullet's... Baby is born and your in that 
fuzzy-wuzzy moment. Depending on 
mitigating curcumstances and advise from
the rest of the planet. You are charged.
your response: not guilty due to: all of 
above extenuating curcumstances.
Man I hope this fellow get's off like I was.
It's a baby for cryin out loud. That dont
happen to often in life how-ever so much 
you plan. Mother nature as is her due all-
way's throw's you a curve ball.
hope this lad get's the bare minimum if a 
sentence is involved. or better yet a Congrat
ulation a cigar(depending) and a uncondition
al (no time required). Go Home and look into 
that baby's eye's and say "hi" I'm your DAD.
Best Regard's,
Scoty B


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## CountDC (18 Jul 2011)

looks like we may never know the result.

Reading through and noticed that some seem to have missed some points.

The OP indicates in the initial post that it is her EX and that he took the time to visit their SON not her and the soon to be baby.

The only factor the new baby plays in this is that she is hoping her EX is able to be there for the birth.  

A factor that is not mentioned is why was he on this duty to begin with?  Was it just his turn or was it a punishment?


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