UCMJ Article 134 – Straggling

This enumerated offense under Article 134 punishes service members who, without proper authority, fall behind, stray, or otherwise separate themselves from their unit, organization, or assigned duty while marching, moving, or on the march. Straggling undermines discipline, delays unit movement, and jeopardizes mission readiness. Even if no harm results, the offense reflects poor discipline and lack of accountability in military operations.

Straggling is different from AWOL under Article 86. AWOL addresses absence from duty, while straggling specifically involves separating from a unit during a march, movement, or deployment without authority.

Key Elements

The prosecution must prove:

  1. That the accused was on a march, movement, or similar duty with their organization.
  2. That the accused strayed, fell behind, or separated themselves from the unit.
  3. That the separation was wrongful and without proper authority.
  4. That, under the circumstances, the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

This offense covers:

  • Soldiers falling behind during a march due to indifference, not medical necessity.
  • Marines intentionally straying from a convoy to visit local establishments.
  • Sailors assigned to a movement who wander off without permission.
  • Airmen who separate from their unit during deployment formation without cause.

It does not apply if the service member falls behind due to illness, injury, or emergency beyond their control.

Punishment

  • Maximum punishment: Confinement for 3 months and forfeiture of two-thirds pay for 3 months.

Defenses

Possible defenses include:

  • Medical necessity: If the member fell behind due to illness or injury.
  • Lawful authority: If given permission to separate from the unit.
  • Accident or unavoidable circumstances: If separation occurred because of events outside the accused’s control.
  • No prejudice or discredit: If the act had no impact on good order or discipline.

Examples

If a soldier deliberately lags behind a unit march to avoid work, Article 134 applies. If a Marine strays from a convoy during a move to seek food or entertainment, it qualifies. If an airman separates from their unit during deployment to handle personal business without permission, it is straggling. Conversely, if a sailor collapses from heat exhaustion and falls behind, the act may not be wrongful.

Conclusion

Article 134 straggling charges emphasize the importance of discipline, cohesion, and accountability in military movements. By punishing straggling, the UCMJ ensures that units move together effectively and that no service member undermines mission readiness by willfully separating from their unit.

Frequently Asked Questions

1. How is straggling different from AWOL?
AWOL punishes unauthorized absence from assigned duty, while straggling focuses on wrongful separation from a unit during movement or march. Straggling is narrower in scope and specific to operational contexts. Both disrupt discipline but in different ways.

2. What if the accused fell behind because of exhaustion?
If exhaustion was genuine and beyond the accused’s control, it may serve as a defense. Straggling requires wrongful conduct. Courts consider medical evaluations and surrounding circumstances.

3. What is the maximum punishment?
Confinement for 3 months and forfeiture of two-thirds pay for 3 months. While relatively light, the punishment still reinforces discipline. Repeated straggling may lead to harsher administrative consequences.

4. Can straggling apply outside combat zones?
Yes. The offense applies anywhere units march or move, including training exercises, parades, or deployments. The principle is maintaining accountability during group movement.

5. What if the accused received permission to separate?
If the accused had lawful authority, the act is not wrongful. The prosecution must prove the separation was unauthorized. Permission provides a valid defense.

6. Does intent matter in straggling?
Yes. The government must show the accused knowingly and wrongfully separated. Accidental separation or unavoidable circumstances may not qualify. Intent to avoid duty often aggravates the offense.

7. How does straggling affect a unit?
It delays movement, burdens leaders with accountability tasks, and reduces mission effectiveness. Even one straggler can disrupt timing and compromise security. The rule ensures cohesion.

8. Can straggling overlap with dereliction of duty?
Yes. If the accused neglects assigned responsibilities while straggling, dereliction charges may also apply. Multiple offenses can arise from the same act.

9. Does straggling apply to vehicle convoys?
Yes. Falling behind or straying during convoy operations without authority is straggling. The principle applies to both foot and vehicle movements.

10. Why is straggling treated as an offense?
Because it undermines discipline and accountability in a core military function — unit movement. Even minor separations threaten readiness and safety. The offense deters indifference and enforces collective responsibility.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Straggling)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Adams, 15 C.M.R. 215 (1954)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 134 or any other UCMJ provision, you should consult a qualified military attorney.

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