Article 86 UCMJ: A Guide To Understanding Unauthorized Absences In The Military

The Uniform Code of Military Justice (UCMJ) serves as the legal foundation for maintaining order and discipline in the United States Armed Forces. Among its many provisions, Article 86 is particularly significant, as it addresses Absence Without Leave (AWOL), a critical offense that can disrupt military operations and compromise mission success. For service members, understanding Article 86 UCMJ is essential to ensuring compliance with military obligations and avoiding serious consequences.

What is Article 86 UCMJ?

Article 86 UCMJ defines the offense of being absent without proper authorization. This includes a range of violations such as:

• Failing to report to an appointed place of duty.
• Leaving a duty station without permission.
• Staying away from duty without prior authorization.

The military places a high value on accountability, as each service member’s role contributes to the success and safety of the unit. Any failure to fulfill these obligations can result in serious repercussions.

Key Elements of an Article 86 Violation

For a service member to be charged under Article 86, certain criteria must be met:

• Duty Assignment: The service member must have been assigned a specific duty or location.
• Unauthorized Absence: The individual was absent from this duty without proper leave or permission.
• Knowledge: The absence was deliberate or due to negligence, with the individual aware of their duty.

Each case is evaluated based on its unique circumstances, and the severity of the violation often depends on factors such as the duration of the absence and its impact on military operations.

Consequences of Violating Article 86

Violating Article 86 can lead to a range of penalties, depending on the nature and seriousness of the offense:

• Nonjudicial Punishment (NJP): For minor infractions, service members may face NJP under Article 15. This can include extra duty, reduction in rank, or forfeiture of pay.
• Court-Martial: Serious or repeated violations may result in a court-martial. Depending on the circumstances, penalties could include:

            Confinement
            Forfeiture of pay and allowances
            Dishonorable discharge

Administrative Actions: In some cases, unauthorized absences can lead to administrative separation, negatively impacting a service member’s military record and future career.

The consequences serve not only as a deterrent but also as a means to reinforce the importance of military discipline.

Why is Article 86 Important?

The military operates as a cohesive unit, relying on the collective effort of all its members. When one individual fails to meet their obligations, it can:

• Disrupt Operations: Delays caused by unauthorized absences can hinder mission success.
• Jeopardize Safety: The absence of key personnel may increase risks for the unit.
• Undermine Morale: AWOL incidents can erode trust and discipline within the ranks.
  
  

  

  Article 86 ensures that accountability is maintained and that service members understand the critical role they play in the larger mission.

Preventing Unauthorized Absences

To avoid violations of Article 86 UCMJ, service members and leaders can take proactive steps:

• Clear Communication: Ensure duty schedules and expectations are well-communicated and understood.
• Support Systems: Address personal or professional challenges that may lead to absenteeism through counseling or other resources.
• Accountability Measures: Implement regular check-ins and monitoring systems to identify and address potential issues early.
  
  Conclusion
  
  Article 86 UCMJ underscores the importance of accountability and discipline in the military. Unauthorized absences disrupt operations, compromise safety, and weaken the trust that binds service members together. By understanding the provisions of Article 86 and adhering to its requirements, service members can contribute to the success of their unit and uphold the values of the Armed Forces.
  
  For those serving in the military, compliance with Article 86 is not just a legal obligation—it is a commitment to the integrity and effectiveness of the United States Armed Forces. By fostering a culture of responsibility and support, the military can continue to operate with the excellence and discipline that define its mission.