Understanding Article 86 UCMJ (Absence Without Leave): Potential Punishments

Article 86 of the Uniform Code of Military Justice (UCMJ) addresses the offense of Absence Without Leave (AWOL). This offense, also known as Unauthorized Absence (UA), occurs when a service member fails to report for duty or goes missing without proper authorization. While AWOL might seem like a minor infraction, it can have serious consequences for military personnel.

Legal Definition and Implications

AWOL is a serious offense in the military, as it undermines unit readiness, discipline, and overall mission effectiveness. According to Article 86 UCMJ, any service member who, without proper authorization, fails to go to their appointed place of duty at the time prescribed, leaves their place of duty, or is absent from their unit, organization, or place of duty at which they are required to be at the time prescribed, shall be punished as a court-martial may direct.

Potential Punishments

Administrative Actions

Non-judicial punishment (NJP), also known as Article 15 in the Army or Captain's Mast in the Navy, may be imposed for minor instances of AWOL. This could involve loss of pay, extra duties, or a reduction in rank.

Administrative separation from the military may occur if the offense is deemed serious or if the service member has a history of misconduct.

Court-Martial

Trial by court-martial: A court-martial is a formal military trial conducted to determine the guilt or innocence of a service member accused of a serious offense. If charged with AWOL, the service member may face a trial by court-martial. The severity of the punishment depends on various factors such as the circumstances of the offense, the duration of absence, and the service member's prior disciplinary record.

Possible punishments: If convicted at a court-martial, the service member may face severe penalties including dishonorable discharge, bad conduct discharge, forfeiture of pay and allowances, and confinement. The court-martial has the authority to determine the appropriate punishment based on the evidence presented during the trial.

Confinement

In cases of prolonged or repeated AWOL incidents, confinement may be imposed as part of the sentence. The duration of confinement can vary depending on the severity of the offense and the decision of the court-martial.

Dishonorable Discharge

A dishonorable discharge is the most severe administrative discharge from the military. It is typically reserved for serious offenses such as desertion or repeated instances of AWOL. A dishonorable discharge can have far-reaching consequences, affecting employment opportunities and access to veteran benefits.

Other Administrative Penalties

In addition to the above punishments, a service member convicted of AWOL may face other administrative penalties, such as loss of security clearance, which can impact their future career prospects both within and outside the military.

Article 86 UCMJ serves as a deterrent against unauthorized absence in the military. The potential punishments for AWOL underscore the seriousness with which the military treats this offense. Service members are expected to adhere to their duty obligations and maintain discipline at all times. Understanding the consequences of AWOL can help prevent instances of unauthorized absence and uphold the integrity and effectiveness of the military as a whole.