Article 86 UCMJ Explained: Unauthorized Absence And Its Consequences

Article 86 UCMJ is one of the most commonly enforced provisions of the Uniform Code of Military Justice. It deals with unauthorized absence, often referred to as AWOL (Absent Without Leave). This article applies to all members of the U.S. Armed Forces and is designed to maintain discipline, readiness, and accountability within military units. Understanding Article 86 UCMJ is essential for service members, legal professionals, and anyone interested in military law.

What Is Article 86 UCMJ?

Article 86 UCMJ addresses situations where a service member fails to go to their appointed place of duty, leaves their place of duty without authorization, or remains absent from their unit, organization, or place of duty without proper authority. Unlike civilian employment rules, military duty obligations are strict because unit readiness and national security can be directly affected by a single absence.

Under Article 86 UCMJ, even a short absence—such as being late for formation—can be punishable. The seriousness of the offense increases based on the length of the absence and the circumstances surrounding it.

Key Elements of Article 86 UCMJ

To prove a violation of Article 86 UCMJ, the prosecution must establish specific elements. First, the accused must have had a known duty to be at a certain place at a specific time. Second, the accused must have failed to be there or left without authority. Finally, the absence must have been without permission from a proper authority. Intent to remain absent permanently is not required under Article 86 UCMJ, which distinguishes it from desertion under Article 85.

Types of Unauthorized Absence

Article 86 UCMJ covers several types of misconduct. Failure to go to an appointed place of duty occurs when a service member does not show up on time for a required duty, such as formation or watch. Going from an appointed place of duty involves leaving early without authorization. Absence without leave, commonly known as AWOL, refers to remaining away from a unit or duty station without approval for any period of time.

The duration of the absence matters. A brief unauthorized absence may result in nonjudicial punishment, while a prolonged absence can lead to court-martial charges under Article 86 UCMJ.

Punishments Under Article 86 UCMJ

Punishments for violating Article 86 UCMJ vary depending on the circumstances. Minor offenses may be handled through Article 15 nonjudicial punishment, resulting in extra duty, reduction in rank, or forfeiture of pay. More serious or repeated violations can lead to summary, special, or general court-martial.

Maximum punishments can include confinement, forfeiture of pay, reduction in rank, and in severe cases, a punitive discharge. The length of the absence and whether it occurred during wartime or important operations can significantly increase the severity of the punishment.

Defenses to Article 86 UCMJ Charges

Several defenses may apply to Article 86 UCMJ allegations. A service member may argue that the absence was authorized, that they were unaware of the duty requirement, or that circumstances beyond their control—such as medical emergencies—prevented them from reporting. In some cases, administrative errors or miscommunication can also serve as valid defenses.

Legal counsel plays a critical role in evaluating these defenses and ensuring that the service member’s rights are protected throughout the process.

Why Article 86 UCMJ Matters

Article 86 UCMJ is fundamental to maintaining discipline and operational effectiveness in the military. By enforcing strict attendance and duty requirements, the military ensures that units remain ready and reliable. For service members, understanding Article 86 UCMJ can help prevent unintentional violations and highlight the importance of following proper leave and reporting procedures.

Conclusion

Article 86 UCMJ serves as a cornerstone of military discipline by addressing unauthorized absence in all its forms. Whether the issue involves being late for duty or being AWOL for an extended period, the consequences can be serious. Service members should be aware of their obligations and seek legal guidance if they face charges under Article 86 UCMJ. A clear understanding of this article not only protects individual rights but also supports the overall effectiveness of the armed forces.