UCMJ Failure to Report

Gone AWOL : Absence Without Official Leave

What is Going AWOL?

A military service member is considered AWOL for a few different reasons. In short, whenever a service member fails to go to his or her appointed place, willingly leaves without permission, or is absent from his or her place of duty, they are said to have gone AWOL. 

Article 86

According to the Manual for Courts-Martial, the following reasons will result in a service member being AWOL:

He or she failed to go to their designated place of duty.

• Service member was appointed a certain time and place of duty
• Service member was made aware of the appointed time and place
• Without motion from authority, service member failed to report to the appointed place of duty at the designated time

He or she left that designated place before they were supposed to.

• Service member was appointed a certain time and place of duty
• Service member was made aware of the appointed time and place
• Without motion from authority, service member left the appointed place after reporting for duty

He or she is altogether absent from their unit or designated place of duty.

• Service member was absent from an appointed place of duty, organization, or unit
• Absence of service member was without motion from authority
• Absence of service member occurred for a certain duration of time 

If the service member was intentionally absent to avoid an activity, the following applies:

• Service member knew the absence would occur during field exercises, maneuvers, or other mandatory activities
• Service member intended to avoid either all or part of these activities

He or she abandoned their watch or guard.

• Service member was appointed watch, guard, or duty
• Service member left their appointed station
• Absence of service member was without motion from authority
• Service member intentionally abandoned their post

Absent Without Leave Punishment

Service members can expect a serious punishment for going AWOL. The ramifications for someone who’s gone AWOL have the potential to haunt someone who falls under the UCMJ failure to report umbrella. The harshest AWOL penalty is jail time. The most common AWOL penalty is discharge from the military. 

How to Find Out if Someone is AWOL

A military warrant doesn’t always show on an employment background check. However, after 30 days, a more serious charge, desertion, will show. This also comes with harsher punishments. 

If there is a deserter warrant out for your arrest, even if your AWOL status doesn’t show up on a background check, that does not mean that you’re in the clear, whatsoever. The longer you remain AWOL, once caught, the worse the punishment will be. Get civilian counsel for any AWOL or desertion offenses as quickly as you can. Time is not on your side for these types of cases. 

UCMJ Missing Movement

A missing movement UCMJ charge, otherwise known as and Article 87, is when a service member, either by negligence or intent, misses their ship, aircraft, or unit. This does not apply if he or she missed the movement for situations beyond their immediate control.

The elements that make up a missing movement charge include:

• Service member was mandated to move with a ship, aircraft, or unit
• Service member was aware of the planned movement
• Service member missed the movement of the ship, aircraft, or unit
• The missed movement was done by negligence or intent

When a service member intentionally misses their ship, aircraft, or unit, it could result in a missing movement charge.

If this was an intentional act, the punishment may be:

• Dishonorable discharge
• Pay forfeiture
• Confinement for 2 years

If this was an unintentional act, the punishment may be:

• Bad conduct discharge
• Pay forfeiture
• Confinement for 1 year

Desertion UCMJ

Desertion, or Article 85, occurs when a service member intends to leave their place of duty permanently. Being AWOL for 30 days or more is considered desertion. As stated by the Manual, the following scenarios involve types of desertion:

• Service member abandoned place of duty, organization, or unit
• The absence was without motion from authority
• Service member intended to remain apart from the place of duty, organization, or unit
• He or she remained absent until an alleged date
• Service member quit their place of duty, organization, or unit
• Service member did so with the knowledge that the service or duty was required
• The accused did so with willful intent to avoid a certain service or duty
• The service or duty was important or potentially hazardous
• He or she remained absent until an alleged date
• Service member was a commissioned officer and presented their resignation
• The accused quit their duties before a notice of acceptance of resignation
• He or she did so with the intent to permanently stay away
• He or she remained absent until an alleged date

UCMJ Punishment for Desertion

Failing to report for duty in these instances is a military crime. Punishments vary on each circumstance and the discretion of the court-martial.

UCMJ Failure to Report and AWOL Counsel

If you’ve been charged with UCMJ failure to report, you need The Wilkie Law Group to represent you. We provide aggressive defense for military service members. With years of experience specializing in military defense, Aden Wilkie offers aggressive court representation. Located in Jacksonville, NC, Wilkie services armed forces at Camp Lejeune and Fort Bragg as well as other bases, camps, stations, and posts in the USA. You can give him a call at (910) 548-7846 or fill out our online contact form for a consultation.