UCMJ Article 86: Absence Without Leave (AWOL)

Being in the right place at the right time is the most basic obligation of military service, and the law that enforces it is among the most frequently charged offenses in the system. Article 86 of the Uniform Code of Military Justice punishes absence without leave, commonly known as AWOL. The offense is complete when a service member, without proper authority, fails to appear at an appointed place of duty, leaves a place of duty, or stays away from a unit, organization, or place of duty where the member is required to be. Unlike desertion, AWOL does not require any intent to stay away permanently.

Article 86 is codified at 10 U.S.C. 886. Its reach is deliberately broad, covering everything from a missed morning formation to an absence stretching past a month. What unites these situations is that the absence was unauthorized and the member was required to be present. The seriousness of a given AWOL turns largely on its duration and the circumstances surrounding it, and the graduated punishment scheme reflects that range.

What the statute prohibits

Article 86 defines three forms of unauthorized absence. A service member commits the offense by failing, without authority, to go to an appointed place of duty at the prescribed time; by going from that place; or by absenting oneself or remaining absent, without authority, from a unit, organization, or place of duty at which the member is required to be. Each of these is a distinct way of committing the same underlying offense: being absent, without permission, from where duty requires.

Elements the government must prove

The elements depend on which form of absence is charged, but for a typical absence from a unit, organization, or place of duty, the prosecution must establish beyond a reasonable doubt:

  1. That the accused absented himself or herself from a unit, organization, or place of duty at which the accused was required to be.
  2. That the absence was without authority from anyone competent to give the accused leave.
  3. That the absence continued until a certain date or for a certain period of time.

The offense does not require proof of any intent to remain away permanently. What must be shown is that the absence was unauthorized. An absence that was beyond the member’s control, such as one caused by hospitalization or detention, lacks the voluntary, unauthorized character the offense requires.

Maximum punishment

The maximum punishment under Article 86 is graduated according to the form and duration of the absence and whether it was terminated by apprehension, as set out in Part IV of the Manual for Courts-Martial.

Failing to go to or going from an appointed place of duty carries a maximum of confinement for one month and forfeiture of two-thirds pay per month for one month.

An absence from a unit, organization, or place of duty of not more than three days carries a maximum of confinement for one month and forfeiture of two-thirds pay per month for one month.

An absence of more than three days but not more than thirty days carries a maximum of confinement for six months and forfeiture of two-thirds pay per month for six months.

An absence of more than thirty days carries a maximum of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for one year. Where such an absence of more than thirty days was terminated by apprehension, the maximum confinement rises to eighteen months.

An absence with intent to avoid maneuvers or field exercises carries a maximum of a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months. For offenses committed on or after December 27, 2023, the revised sentencing procedures under the Military Justice Act framework apply.

Defenses

Authorization is a complete answer: if the member had valid leave or permission from a competent authority, the absence is not without leave. Mistake or misunderstanding about the time or place of duty may negate the unauthorized character of the absence where the misunderstanding was honest and reasonable. An involuntary absence is not punishable, so where illness, an accident, or lawful detention prevented the member from being present, the absence lacks the voluntariness the offense requires. The government must prove the absence was both unauthorized and the member’s own act.

Distinctions from related offenses

The central distinction is between Article 86 and desertion under Article 85. Both involve unauthorized absence, but desertion requires an intent to remain away permanently, to avoid hazardous duty, or to shirk important service, while AWOL requires no such intent. A prolonged AWOL may be reexamined as desertion if evidence of that intent emerges, but absence alone, however long, remains AWOL without it. Article 86 is also distinct from Article 87 missing movement, which targets the failure to be present for a specific scheduled movement of a ship, aircraft, or unit rather than general absence from a place of duty.

Frequently asked questions

How is AWOL different from desertion?
AWOL under Article 86 requires only an unauthorized absence; it does not require any intent to stay away permanently. Desertion under Article 85 requires an intent to remain away permanently, to avoid hazardous duty, or to shirk important service. Intent is the dividing line.

How long must an absence last to be AWOL?
Any unauthorized absence qualifies, no matter how brief. Even missing a formation or leaving a place of duty early without permission can be charged. The length of the absence mainly affects the maximum punishment rather than whether the offense occurred.

Is AWOL always voluntary?
The absence must be unauthorized and the member’s own act. An absence caused by illness, an accident, or lawful detention is not voluntary and is not AWOL, because the member was prevented from being present by circumstances beyond control.

How does apprehension affect the punishment?
For an absence of more than thirty days that is terminated by apprehension rather than voluntary return, the maximum confinement increases from one year to eighteen months. Voluntary return does not erase liability but is generally viewed more favorably at sentencing.

Can an AWOL become a desertion charge?
Yes. If evidence shows the member intended to remain away permanently or to avoid hazardous duty or important service, the absence may be charged as desertion under Article 85 instead. The facts and the member’s intent drive that decision.

Sources

10 U.S.C. 886, Article 86, Absence without leave: https://www.law.cornell.edu/uscode/text/10/886

Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Portals/99/2024%20MCM%20files/MCM%20(2024%20ed)%20(20240102)%20(adjusted%20bookmarks).pdf

Military Attorney Joseph L. Jordan, Articles of the UCMJ

This article is for general informational purposes only and is not legal advice. It describes military law and procedure of public record, does not address any individual case, and does not create an attorney-client relationship.

Related:

  1. UCMJ Article 134: Straggling A unit moves only as fast as its slowest member, and accountability during movement is a basic measure of discipline. A service member who, without authority, lags behind, wanders off,......
  2. UCMJ Article 131c: Misprision of a Serious Offense A service member who learns that someone has committed a serious crime, and then takes steps to hide it, can be prosecuted under Article 131c of the Uniform Code of......
  3. UCMJ Article 109a: Mail Matter: Wrongful Taking or Opening For deployed service members and their families, the mail is often a lifeline. A unit mailroom may hold birthday packages, official correspondence, prescription medications, and letters that carry real weight......
  4. UCMJ Article 89: Disrespect Toward or Assault of a Superior Commissioned Officer The relationship between a service member and a superior commissioned officer rests on a baseline of respect and physical safety. Article 89 of the Uniform Code of Military Justice protects......
  5. UCMJ Article 118: Murder Murder is the most serious offense in the military justice system, and it is one of the few that can expose a service member to the death penalty. Article 118......
  6. UCMJ Article 104b: Unlawful Enlistment, Appointment, or Separation Entry into and exit from the armed forces is governed by a dense framework of statutes, regulations, and orders that determine who may serve and under what conditions. Article 104b......
  7. UCMJ Article 134: Pandering and Prostitution Pandering and prostitution are prosecuted in the military as enumerated offenses under Article 134, the general article of the Uniform Code of Military Justice. The provision reaches a service member......
  8. UCMJ Article 87b: Breach of Restriction Restriction is one of the milder forms of military restraint. It does not put a service member behind a locked door; it confines movement to defined limits, such as a......
  9. UCMJ Article 100: Subordinate Compelling Surrender Few offenses in military law sit closer to the heart of combat discipline than the wrongful surrender of forces or property to an enemy. Article 100 of the Uniform Code......
  10. UCMJ Article 129: Burglary For most of its history, burglary in military law carried the old common-law trappings: it had to involve a dwelling house, and it had to happen at night. That is......
  11. UCMJ Article 105a: False or Unauthorized Pass Offenses The armed forces depend on accurate control of who may be absent, who may enter a restricted area, and who is who. Passes, permits, discharge certificates, and identification cards are......
  12. UCMJ Article 125: Kidnapping Kidnapping is among the gravest offenses a service member can face under military law. Article 125 of the Uniform Code of Military Justice punishes the unlawful seizing and holding of......
  13. UCMJ Article 105: Forgery Military operations run on paper and its electronic equivalents: leave forms, pay vouchers, contracts, orders, identification cards. When someone falsifies a signature or alters a document so it appears to......
  14. UCMJ Article 126: Arson Fire is uniquely dangerous because it does not stay where it is set. A blaze meant for one structure can spread to others, trap occupants, and destroy resources a unit......
  15. UCMJ Article 134: Bigamy Marriage carries legal and financial consequences in the military, from dependent enrollment to housing allowances, so a service member who marries a second person while a prior marriage remains legally......