Military Justice System

Article 86 of the Uniform Code of Military Justice (UCMJ) addresses the issue of Absence Without Leave (AWOL), which is a serious charge for military personnel. Being accused of AWOL can lead to significant legal and career repercussions, including potential confinement and a negative impact on your military record. However, there are several common defenses available that can help protect yourself and challenge these charges effectively. Understanding these defenses can make a crucial difference in the outcome of your case. Understanding Article 86 UCMJ Article 86 UCMJ criminalizes the unauthorized absence of a service member from their assigned duties or locations. To be convicted under Article 86 UCMJ , the prosecution must prove that the absence was willful and that the service member did not have permission or a valid reason for their absence. The key elements that must be demonstrated include: Unauthorized Absence: The absence must be without official leave or authorization. Will...

The Uniform Code of Military Justice (UCMJ) serves as the backbone of military law, ensuring order, discipline, and justice within the armed forces. Among its various provisions, Article 91 stands out for its role in addressing insubordinate conduct towards non-commissioned officers (NCOs), petty officers, and warrant officers. This article is crucial for maintaining the hierarchical structure and discipline essential for effective military operations. Here’s an exploration of how Article 91 UCMJ affects military discipline, with key insights and examples illustrating its importance. Understanding Article 91 UCMJ Article 91 of the UCMJ specifically deals with insubordinate conduct towards warrant officers, non-commissioned officers, and petty officers. It outlines that any service member who willfully disobeys a lawful order or shows disrespect towards these individuals is subject to punishment under the UCMJ. The primary aim of Article 91 UCMJ  is to uphold respect for the chain o...

Facing charges under Article 86 of the Uniform Code of Military Justice (UCMJ), which pertains to Absence Without Leave (AWOL), is a serious matter with potentially severe consequences for military personnel. Whether you are accused of being absent for a short period or desertion, understanding your rights and employing effective legal strategies is crucial to mounting a robust defense. Understanding Article 86 UCMJ Article 86 defines Absence Without Leave (AWOL) as the failure of a service member to go to their appointed place of duty at the prescribed time. There are different degrees of AWOL: Short-Term AWOL:  Typically involves absences of less than 3 days. Long-Term AWOL: Absences exceeding 3 days without authorization. Desertion: Absence with the intent to abandon the duty or service permanently. Each offense carries varying degrees of severity and corresponding consequences, ranging from administrative actions to criminal prosecution through court-martial. Legal Defenses an...

  The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States, governing the conduct of all service members. Understanding the most common UCMJ articles is crucial for anyone in the armed forces, as violations can lead to severe consequences, including court-martial, imprisonment, and dishonorable discharge. Article 86: Absence Without Leave (AWOL) Article 86 addresses the unauthorized absence of a service member from their unit, organization, or place of duty. AWOL is one of the most frequently charged offenses under the UCMJ. Consequences range from non-judicial punishment (NJP) to court-martial, depending on the duration and circumstances of the absence. Repeated or extended periods of AWOL can result in severe penalties, including confinement and a bad conduct discharge. Article 92: Failure to Obey Order or Regulation Article 92 encompasses various offenses, including disobeying lawful orders, dereliction of duty, and violation of regulati...