Article 86 of the UCMJ addresses Absence Without Leave (AWOL) in the military, a serious offense when a service member fails to appear at the prescribed time and place of duty as ordered. In the Army and Air Force, it is termed AWOL, while in the Navy and Marine Corps, it is unauthorized absence (UA). 

This violation encompasses situations where the service member is at fault for not being at the required location at the specified time. Unlike desertion or missing movement, Article 86 does not require being absent from military jurisdiction for charges.

Conviction under this article relies on circumstantial evidence proving the service member’s actual knowledge of their appointed time and place of duty. AWOL, also known as army desertion or military desertion, constitutes a breach of the UCMJ, and charges can be pressed regardless of the reason behind the absence. The military emphasizes that failing to report to duty, whether intentional or unintentional, is a serious offense.

What constitutes an “appointed place of duty”?

Your appointed place of duty is any location you are required to be at a specific time due to military orders. This could include your unit headquarters, training area, deployment location, or even your barracks during specific duty hours.

What is “proper authorization” for an absence?

Proper authorization can come from various sources, depending on the situation. Examples:

• Leave orders: Approved leave forms grant you permission to be absent for a specific period.
• Pass: Commanders can issue passes for short-term absences, such as errands or medical appointments.
• duty orders: Orders assigning you to temporary duties away from your unit may authorize your absence from your regular duty station.

Aggravated unauthorized absences are listed below:

1. unauthorized absence for more than three days duration.
2. unauthorized absence for more than 30 days duration.
3. unauthorized absence from a guard, watch, or duty (a particular type).
4. unauthorized absence from guard, watch, or duty section with intent to abandon it (particular type of duty and specific intent).
5. unauthorized absence intending to avoid maneuvers or field exercises (particular duty type and specific intent).

Maximum Possible Punishments for Violations of Article 86:

The maximum punishment begins with confinement for one month and forfeiture of two-thirds pay for a month for absences not exceeding three days. For absences spanning 3 to 30 days, the penalty includes two-thirds pay per month for six months, along with 6 months of confinement and a reduction to E-1. Absences exceeding 30 days result in a dishonorable discharge, forfeiture of all pay and allowances, 1 year of confinement, and reduction to E-1. If the absence extends beyond 30 days and concludes with apprehension, the consequences involve a dishonorable discharge, forfeiture of all pay and allowances, 18 months of confinement, and reduction to E-1.

What are the consequences ?

Besides the legal penalties, an AWOL offense can have various negative consequences, including:

• Loss of rank and pay: You may be demoted and forfeit part of your salary.
• Administrative actions: You may be subject to non-judicial punishment, letters of reprimand, or other administrative actions.
• Security clearances: Your security clearance may be revoked or downgraded, affecting your career opportunities.
• Discharge: A serious or repeated AWOL offense can lead to a discharge from the military, impacting your future employment and benefits.

What are some common defenses against AWOL charges?

Several defenses can be used to challenge AWOL charges, including:

• Mistake of fact: You were unaware of your duty schedule or believed you had authorization for your absence.
• Lack of intent: You did not intend to be absent for a long period or were unable to return due to unforeseen circumstances beyond your control.
• Mental health issues: Your mental state significantly impaired your judgment and resulted in your absence.
• Procedural errors: The government made errors in apprehending, processing, or charging you, violating your rights.

Here are some ways to avoid AWOL charges:

• Be Always aware of your duty schedule and responsibilities.
• Obtain proper authorization for any planned absences.
• Communicate with your superiors if you expect to be late or unable to report for duty.
• Seek help from military resources if you are struggling with personal issues that may affect your ability to fulfill your duties.

If someone is facing charges under Article 86 as a principal of a crime, it’s crucial to seek immediate legal representation. Yountslaw more than two decades of experience fighting for Military members rights. Call Younts Law at (833) 739-5291 or (717) 612-4840. Free consultation.

Military Defense Attorney Davis Younts: themilitarycounsel.com

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