Article 86 UCMJ: Understanding Unauthorized Absence And Its Consequences

In the military, discipline and adherence to orders are paramount. Service members are expected to follow instructions from their superiors and maintain strict standards of behavior. One of the critical articles under the Uniform Code of Military Justice (UCMJ) that ensures this level of discipline is Article 86 UCMJ. This article addresses unauthorized absence (UA) and serves to maintain order by holding service members accountable for failing to remain where they are supposed to be. In this blog post, we will explore the details of Article 86 UCMJ, what constitutes unauthorized absence, and the potential consequences of violating it.

What is Article 86 UCMJ?

Article 86 of the Uniform Code of Military Justice (UCMJ) deals with the offense of unauthorized absence (UA) from a service member’s unit or place of duty. The article specifies that a military member who absents themselves without proper authorization or fails to report for duty as required is in violation of Article 86.

Article 86 is designed to address any absence that is not sanctioned by military authority. This includes a range of situations from simply failing to show up for duty at the required time to more serious absences, such as leaving a post or unit without permission. The military's need for reliability and operational readiness is why this article is taken very seriously.

The Three Types of Unauthorized Absence under Article 86

There are three primary forms of unauthorized absence that are defined under Article 86:

Absence Without Leave (AWOL): A service member who leaves their assigned place of duty or post without proper authorization is considered AWOL. AWOL is one of the most common forms of violation under Article 86 UCMJ and can range from a brief absence to a more extended period of time. Whether a service member is missing for a few hours or several days, the absence is considered unauthorized unless the service member has been granted leave or permission from a superior.

Failure to Report for Duty: If a service member fails to report for duty at the designated time or place without prior authorization, they can be charged under Article 86. This could occur if the member does not show up for roll call or fails to attend a scheduled shift, training, or mission without a valid reason or leave.

Leaving a Post or Unit Without Permission: If a service member leaves their assigned post or unit, even temporarily, without the required permission, this is also considered unauthorized absence under Article 86. This violation is often seen in situations where a member departs in the middle of a mission or while the unit is in a state of readiness.

The Consequences of Violating Article 86 UCMJ

Article 86 violations are considered serious offenses within the military, as unauthorized absences can disrupt operations and compromise unit readiness. The consequences for violating this article depend on the severity and duration of the absence, as well as the intent of the service member. Some potential outcomes include:

1 Nonjudicial Punishment (NJP): For relatively minor or short-term absences, a commanding officer may impose Nonjudicial Punishment (NJP). This is a less formal process than a court-martial, but it still carries significant consequences. NJP can involve penalties such as:

• Restriction to base or other limitations on movement.
• Extra duties such as additional work assignments.
• Loss of pay or reduction in rank.
• Reduction in privileges or revocation of leave.

These punishments are typically used for shorter periods of absence or situations where the absence is not considered egregious.

2. Court-Martial

For more serious or prolonged cases of unauthorized absence, the offense may be taken to a court-martial. A court-martial is a formal military trial, and depending on the length of the unauthorized absence and the circumstances surrounding it, a service member could face harsh penalties. Potential consequences of a court-martial for violating Article 86 include:

• Imprisonment: A service member found guilty of being AWOL for an extended period or leaving their unit without authorization may be sentenced to jail time.
• Dishonorable Discharge: A conviction under Article 86, especially in serious cases like desertion or long-term unauthorized absence, can result in a dishonorable discharge, which carries long-term social and legal consequences.
• Forfeiture of Pay and Benefits: Convictions under Article 86 can result in a loss of military pay, allowances, and benefits, including pension and healthcare, which can severely impact the service member's future.

3. Desertion Charges

If a service member absents themselves with the intent to permanently abandon their duty, the offense can escalate to desertion. Desertion, which typically refers to a deliberate attempt to leave the military without the intent of returning, is a much more serious offense than a simple unauthorized absence. Those convicted of desertion under the UCMJ may face lengthy prison sentences and dishonorable discharge.

Defenses Against Unauthorized Absence

While the consequences of violating Article 86 UCMJ can be severe, there are several potential defenses that may be raised in response to the charges:

• Unintentional Absence: If the service member can prove that their absence was due to circumstances beyond their control, such as medical emergencies or confusion over the time or place they were supposed to report, they may be able to avoid serious penalties.
• Lack of Knowledge: A defense may be raised if the service member can show they were unaware of the specific time, place, or details of their duty assignment, and that they took reasonable steps to confirm the requirements.
• Inability to Report for Duty: If the service member was physically unable to attend duty due to illness or injury, this could potentially serve as a defense to an Article 86 violation.

Conclusion

Article 86 UCMJ is designed to ensure that military personnel are present and accounted for at all times, as their absences can undermine unit cohesion and readiness. Whether it is leaving without permission, failing to report for duty, or simply being AWOL, violations of this article are taken seriously and can lead to severe consequences, including nonjudicial punishment, court-martial, or even desertion charges. Service members must understand the importance of adhering to orders, and by doing so, they can avoid the potential legal and personal consequences of violating Article 86 UCMJ. Understanding the importance of remaining where you are supposed to be is a crucial part of maintaining military discipline and ensuring the success of the mission.