Article 86 UCMJ: Absence Without Leave and Its Serious Implications

In the military, adherence to orders and presence in assigned duties are non-negotiable. When service members fail to meet these obligations, the impact can be far-reaching. Article 86 of the Uniform Code of Military Justice (UCMJ) addresses Absence Without Leave (AWOL), which occurs when a service member is absent from their assigned place of duty without authorization. Whether intentional or due to unforeseen circumstances, violations of Article 86 carry serious consequences that can affect both the individual’s career and the overall functionality of their unit.

Article 86 UCMJ provides the framework for prosecuting AWOL offenses, which can range from minor infractions to more severe forms of absence. Understanding the implications of this article is essential for military personnel, as even a short-term absence can lead to significant disciplinary action.

Defining AWOL Under Article 86

Article 86 outlines several types of unauthorized absences, all of which fall under the general offense of being AWOL:

Failure to Go to Appointed Place of Duty: This occurs when a service member is required to be at a specific place for duty but fails to report on time or doesn’t show up at all. Whether the duty is a routine task, formation, or a deployment, not showing up without proper authorization violates Article 86 UCMJ.

Leaving Duty Station Without Permission: If a service member leaves their post or station without prior approval from their commanding officer, they are considered AWOL. This applies to any unauthorized departure from a place where the service member is required to be.

Remaining Absent for Extended Periods: If a service member remains absent for a prolonged period without authorization—typically more than 24 hours—it significantly escalates the severity of the offense. Prolonged absences can lead to charges of desertion, especially if it is believed the service member had no intention of returning.

Causes of AWOL and How They’re Evaluated

There are many reasons a service member may be absent without leave, ranging from personal emergencies to a conscious decision to avoid their responsibilities. In some cases, AWOL may result from simple miscommunication, scheduling errors, or misunderstandings about leave approval. However, intentional absences, especially those extending beyond 30 days, are considered far more serious and can lead to desertion charges under Article 85 UCMJ.



When evaluating AWOL cases, the military judicial system considers several factors, such as:

· Intent: Was the absence intentional or due to circumstances beyond the service member’s control?

· Duration of Absence: Short-term AWOL offenses may result in non-judicial punishment (NJP), while longer absences or repeated offenses can lead to court-martial.

· Reason for Absence: Legitimate personal emergencies or family crises may be taken into account when determining punishment. However, these factors must be well-documented and communicated as soon as possible to avoid the perception of misconduct.

Consequences of Violating Article 86

Being AWOL under Article 86 can have serious repercussions, ranging from administrative punishments to court-martial, depending on the circumstances. Military discipline is based on the principles of reliability and accountability, and any violation of these expectations undermines unit readiness.

Non-Judicial Punishment (NJP): For minor infractions or first-time offenses, a service member may be subjected to NJP under Article 15. Punishments in these cases can include reduction in rank, forfeiture of pay, or extra duty. NJP is typically reserved for short-term AWOL incidents where the service member returns voluntarily and without major disruptions to their unit.

Court-Martial: If the AWOL offense is more severe, such as prolonged absence or repeated violations, the service member may face a court-martial. Penalties for these cases can be far more severe, including confinement, dishonorable discharge, and long-term damage to a service member's career and benefits. The exact penalty depends on the length of absence, intent, and whether the absence affected unit operations.

Desertion Charges: In extreme cases where the service member has been absent for more than 30 days, or if it’s clear they intended to permanently avoid military duties, the offense may be elevated to desertion. Desertion carries heavier penalties under Article 85 UCMJ and is considered one of the most serious military crimes.

The Importance of Legal Representation

Facing Article 86 UCMJ charges can be overwhelming, especially if the absence was unintentional or due to a complex personal situation. Having experienced legal counsel is crucial for service members who want to ensure their side of the story is heard and that they receive a fair trial.

At Bilecki Law Group, we specialize in defending service members facing UCMJ charges, including those related to AWOL. We understand the importance of protecting a military career and will work tirelessly to ensure that our clients receive the best possible outcome. Whether through negotiation, dismissal of charges, or minimizing penalties, we are committed to defending the rights of those who serve.

Final Thoughts

Article 86 UCMJ is a critical regulation that ensures military personnel remain accountable for their duties. Even brief or unintentional absences can lead to serious consequences, making it essential for service members to fully understand their responsibilities and seek legal advice if they face AWOL charges.

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