Maintaining discipline and accountability is the backbone of military life. Every service member is expected to follow strict schedules, report on time, and remain present for duty unless officially excused. When these expectations are violated, consequences follow under the Uniform Code of Military Justice (UCMJ). One of the most frequently cited provisions in such cases is Article 86 UCMJ, which addresses absence without leave, commonly known as AWOL.
What is Article 86 UCMJ?
Article 86 UCMJ makes it a punishable offense for any service member to fail to go to their appointed place of duty, leave their post without authorization, or remain absent without permission. The purpose of this law is to ensure that every member of the armed forces fulfills their duty obligations, as absence can disrupt operations, weaken unit effectiveness, and endanger missions.
Simply put, if a service member is supposed to be somewhere for official duty and they fail to show up without approval, they can be charged under Article 86.
Types of Absences Covered by Article 86 UCMJ
Article 86 covers different forms of unauthorized absences, each with its own level of seriousness:
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Failure to Go to Appointed Place of Duty – When a service member is ordered to report to a specific location at a specific time but fails to appear.
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Going from Appointed Place of Duty – Leaving a duty station without permission after being required to stay.
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Absence Without Leave (AWOL) – Failing to be present at the appointed place of duty for an extended period without authorization.
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Unauthorized Leave Extension – Not returning to duty after approved leave has expired.
Each of these situations falls under the umbrella of Article 86 UCMJ, and the severity of punishment depends on the circumstances and length of absence.
Why Article 86 UCMJ is Important
The military relies on teamwork, precision, and readiness. Even one member failing to show up can affect the unit’s ability to perform missions effectively. Article 86 UCMJ exists to reinforce the principle that every role, no matter how small, is vital to the success of military operations.
For example, if a soldier fails to report to guard duty, it could compromise the safety of the entire unit. Similarly, if a pilot or medic is absent without authorization, missions and lives may be at risk.
Punishments for Violating Article 86 UCMJ
The punishments for violating Article 86 UCMJ vary depending on the duration and impact of the absence. Potential consequences include:
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Non-Judicial Punishment (Article 15) – Reduction in rank, forfeiture of pay, extra duty, or restriction.
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Summary or Special Court-Martial – Harsher penalties such as confinement, greater forfeiture of pay, or a bad-conduct discharge.
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General Court-Martial – In severe cases, such as long-term AWOL or desertion-related charges, service members may face dishonorable discharge, forfeiture of all pay and allowances, and extended confinement.
The length of the unauthorized absence plays a critical role. A short absence might result in minor disciplinary actions, while a prolonged AWOL could escalate to desertion charges under Article 85.
Defenses and Considerations
Not every absence is automatically punishable under Article 86 UCMJ. Legitimate defenses may include:
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Medical Emergencies – If a service member was physically unable to report due to illness or injury.
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Authorization Confusion – Miscommunication or misunderstanding regarding leave approval.
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Unavoidable Circumstances – Events beyond the service member’s control, such as natural disasters or transportation failures.
Commanders and military courts consider the context of the absence before determining guilt and punishment.
Conclusion
Article 86 UCMJ is one of the most important disciplinary provisions in the military justice system. It ensures that every service member remains accountable, dependable, and ready to serve. While unauthorized absence may seem minor at first glance, its impact on the mission and unit can be significant.
