UCMJ Article 86 – Absence Without Leave (AWOL)

UCMJ Article 86 criminalizes the act of leaving one’s unit, organization, or place of duty without authority. Absence Without Leave (AWOL) is one of the most common charges in military justice. Unlike desertion under Article 85, AWOL does not require proof of intent to remain away permanently. Instead, the offense is complete when a service member fails to be present at the appointed time and place, leaves without permission, or stays absent longer than authorized.

The seriousness of an AWOL violation depends on its duration and circumstances. A short absence may lead to relatively minor punishment, while a prolonged absence, especially during deployment or operational duty, can bring heavy penalties. AWOL undermines readiness, damages trust, and places additional burdens on other service members.

Key Elements

The prosecution must prove three main points:

  1. That the accused was absent from their unit, organization, or place of duty at which they were required to be.
  2. That the absence was without authority from a competent authority.
  3. That the accused’s absence was voluntary.

Different specifications under Article 86 include:

  • Failure to go to appointed place of duty.
  • Going from appointed place of duty.
  • Absence from unit, organization, or duty station.

The offense is established once absence occurs without permission, regardless of the reason.

Scope and Application

AWOL charges apply across all branches of the armed forces. The duration of absence is a major factor in sentencing. Short periods (less than three days) are often punished lightly, while extended absences (over 30 days) can carry severe penalties and may even lead to desertion charges if intent to remain away permanently is proven.

Common AWOL cases include failing to report to morning formation, leaving duty early without permission, overstaying authorized leave, or not reporting for deployment. Each situation must be evaluated based on intent and circumstances.

Punishment

Punishment for AWOL varies depending on length and context of absence:

  • Less than 3 days: confinement for 1 month and forfeiture of pay.
  • More than 3 days but less than 30: confinement for 6 months and forfeiture of pay.
  • More than 30 days: confinement up to 1 year, forfeiture of pay, and bad-conduct discharge.
  • AWOL terminated by apprehension: may bring harsher penalties.

In aggravated circumstances, prolonged AWOL may be recharged as desertion under Article 85.

Defenses

Defenses to AWOL typically challenge voluntariness or authority. For example:

  • Authorization: If the service member had valid leave or was granted permission, the absence is not AWOL.
  • Mistake or misunderstanding: Miscommunication about duty time or place may negate intent.
  • Involuntary absence: Illness, accident, or detention may prevent reporting to duty without making the absence voluntary.

Proof of intent is not required for AWOL, but voluntariness must be shown. If absence was unavoidable, liability may not attach.

Examples

A soldier who oversleeps and misses formation without excuse is guilty of AWOL. An airman who leaves base early without permission commits AWOL. A sailor who overstays leave and fails to return on the scheduled date is also guilty under Article 86. If a Marine is hospitalized unexpectedly and unable to report, that absence is not AWOL because it is involuntary.

Conclusion

UCMJ Article 86 maintains order and readiness by holding service members accountable for being present at the right time and place. Although less serious than desertion, AWOL disrupts units, undermines discipline, and burdens fellow service members. By distinguishing between short absences, extended absences, and desertion, Article 86 ensures fair but firm enforcement of accountability.

Frequently Asked Questions

1. How is AWOL different from desertion?
AWOL occurs when a service member is absent without permission but does not intend to remain away permanently. Desertion requires intent to quit or avoid duty permanently. The difference lies in intent, which makes desertion a more serious crime.

2. Can AWOL be punished severely?
Yes, especially if the absence lasts more than 30 days or is ended by apprehension. In such cases, confinement up to a year and a bad-conduct discharge are possible. For shorter absences, punishments are lighter but still significant.

3. Is AWOL always voluntary?
To convict, prosecutors must prove voluntariness. If a service member could not report due to illness, accident, or detention, the absence is not AWOL. Circumstances beyond the member’s control are a defense.

4. What happens if someone goes AWOL during deployment?
AWOL during deployment is considered more serious because it directly affects operational readiness. It may lead to harsher punishment and, depending on intent, could be elevated to desertion. Context matters greatly in sentencing.

5. How long must a service member be absent for it to be AWOL?
Any absence without permission qualifies as AWOL, no matter how short. Even missing a formation or leaving duty early without authorization can result in charges. Duration mainly affects the level of punishment.

6. Can AWOL be forgiven if the service member returns voluntarily?
Voluntary return does not erase liability but may reduce punishment. Courts look more favorably on those who return on their own compared to those apprehended. The length and circumstances of absence still matter.

7. Is miscommunication a defense to AWOL?
Yes, if a service member reasonably misunderstood duty orders or reporting times. In such cases, the absence may be excused or treated more leniently. Proof of honest mistake can prevent conviction.

8. Can AWOL turn into desertion?
Yes, if evidence shows intent to remain away permanently or to avoid hazardous duty. For example, leaving before deployment with no plan to return may result in desertion charges. Prosecutors often reassess the charge based on intent.

9. Are there differences in how each branch handles AWOL?
All branches apply Article 86, but service-specific regulations guide enforcement. For example, the Army uses AR 27-10, the Navy applies JAGMAN, and the Air Force uses AFI 51-201. These rules set procedures for investigating and charging AWOL.

10. Why is AWOL treated so seriously?
Because it damages unit discipline and forces others to cover duties. Even short absences undermine readiness. Punishing AWOL protects fairness, accountability, and trust within the armed forces.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 886, Article 86
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0113
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Oliver, 70 M.J. 64 (2011)
  • 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 86 or any other UCMJ provision, you should consult a qualified military attorney.

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