The Uniform Code of Military Justice (UCMJ) serves as the foundation for military law in the United States. Among its many articles, Article 86 UCMJ plays a critical role in maintaining discipline and accountability among service members. This article specifically addresses the offense of absence without leave (AWOL), a charge that can lead to significant consequences for the accused. Understanding Article 86 UCMJ is essential for service members, commanders, and anyone involved in military legal matters.

What Is Article 86 UCMJ?

Article 86 UCMJ covers a range of unauthorized absences, including failing to report to a place of duty, leaving a post without permission, or staying away beyond an approved leave period. This article applies to all active duty military members, including those in the Army, Navy, Air Force, Marines, and Coast Guard.

There are several ways a service member can violate Article 86:

• Failure to go to the appointed place of duty

• Leaving the place of duty without authority

• Absence from unit, organization, or place of duty at the prescribed time

• Absent without leave (AWOL) for more than 30 days, which may lead to a desertion charge under Article 85

Legal Elements of Article 86

To convict a service member under Article 86 UCMJ, the prosecution must prove:

1. The accused was required to be at a specific place at a specific time.
2. The accused failed to be at that place and time.
3. The absence was without proper authority.

Each type of absence has specific legal elements, and the severity of the punishment can vary based on how long the individual was absent and whether the absence caused disruption or danger to the unit.

Punishment for Violating Article 86

The punishment for Article 86 UCMJ violations depends on the duration of the unauthorized absence and whether the offense was repeated or part of a pattern. Possible penalties include:

• Reduction in rank
• Forfeiture of pay
• Confinement
• Punitive discharge (Bad Conduct or Dishonorable Discharge)

For instance, a short-term AWOL offense might result in non-judicial punishment (Article 15), while a prolonged absence could lead to a court-martial with more severe outcomes. If a service member is AWOL for more than 30 days, they may be classified as a deserter and face harsher penalties.

Common Defenses to Article 86 Charges

There are several potential defenses against Article 86 UCMJ charges:

• Lack of intent: If the absence was unintentional or due to a misunderstanding.

• Valid excuse: Medical emergencies or other legitimate reasons may justify the absence.

• Improper notification: If the accused was not properly informed of the duty requirement.

• Lack of authority to assign duty: In some cases, the individual assigning the duty may not have had the proper authority.

Working with an experienced military defense attorney is crucial to presenting a strong defense and minimizing penalties.

Final Thoughts

Article 86 UCMJ is a key regulation designed to uphold accountability and readiness in the armed forces. Unauthorized absence is more than a minor offense—it can disrupt operations and compromise mission success. Whether you’re a service member accused of AWOL or a family member seeking to understand the process, knowing your rights and the legal implications of Article 86 UCMJ is essential.

If you or someone you know is facing charges under Article 86, consult a knowledgeable military defense lawyer immediately. Timely legal guidance can make a significant difference in the outcome of your case and help protect your career and future.