Article 86 UCMJ: Understanding Absence Without Leave in the Military

Article 86 UCMJ is one of the most frequently referenced sections of the Uniform Code of Military Justice, governing the conduct of service members when they are absent without proper authorization. This article is critical because military readiness relies heavily on discipline, accountability, and the presence of personnel where they are expected to be. Understanding Article 86 UCMJ is essential for every service member to avoid severe legal consequences.

What Is Article 86 UCMJ?

Article 86 UCMJ addresses offenses related to unauthorized absence, commonly known as being Absent Without Leave (AWOL). The article defines the conditions under which a service member is considered AWOL, the elements required to prove an offense, and the potential consequences for violating this law.

Being AWOL is more than simply missing work or being late. Under Article 86 UCMJ, a service member is considered absent if they:

• Leave their unit, organization, or place of duty without proper authorization.

• Fail to return to their unit, organization, or place of duty at the prescribed time after being absent with leave.

• Depart from a designated post or assignment without permission.

Key Elements of Article 86 UCMJ

To establish a violation under Article 86 UCMJ, certain elements must be proven:

1. The individual must be a member of the armed forces subject to the UCMJ.

2. The service member must have been absent from their assigned place of duty or unit.

3. The absence must have been without proper authority or permission.

4. The duration of the absence can affect the severity of the punishment, with extended absences considered more serious.

Types of Absence Covered Under Article 86

Article 86 UCMJ outlines several forms of unauthorized absence, including:

• AWOL: Short-term absence without permission.

• Desertion: Long-term absence with the intent to remain away permanently, usually with the intent to avoid military duty.

• Failure to Return from Leave: When a service member does not return on time from approved leave.

Understanding the distinctions between these forms is crucial because desertion carries more severe penalties than a brief AWOL violation.

Punishments Under Article 86 UCMJ

Violations of Article 86 UCMJ can lead to serious consequences, depending on the length and circumstances of the absence. Punishments may include:

• Reduction in rank

• Forfeiture of pay

• Confinement or imprisonment

• Dishonorable or bad-conduct discharge in severe cases

The military judicial system evaluates each case individually, considering factors such as prior disciplinary history, the service member’s intent, and the impact on unit readiness.

Why Article 86 UCMJ Matters

Maintaining discipline in the military is not optional. Article 86 UCMJ serves as a deterrent against unauthorized absence, ensuring that units operate efficiently and mission readiness is not compromised. Service members are expected to adhere to strict schedules and maintain accountability at all times. Violating this article undermines trust and can compromise operational effectiveness.

Tips for Service Members

To avoid violating Article 86 UCMJ:

• Always obtain written authorization before leaving your duty station.

• Return promptly from leave or temporary assignments.

• Communicate with superiors if unforeseen circumstances prevent timely return.

Conclusion

Article 86 UCMJ is a cornerstone of military discipline, emphasizing the importance of presence, responsibility, and accountability in the armed forces. Understanding what constitutes an unauthorized absence and the associated consequences is critical for service members. By respecting the provisions of Article 86 UCMJ, military personnel can uphold their duties, protect their careers, and contribute to the overall readiness and effectiveness of their unit.