UCMJ Article 87: Missing Movement

When a ship, an aircraft, or a unit is scheduled to move, every member required to be aboard or present is part of the plan, and a single absence can delay a departure, strain a crew, or leave a mission short of the people it needs. Article 87 of the Uniform Code of Military Justice addresses that specific failure. It punishes a service member who, through neglect or design, misses the movement of a ship, aircraft, or unit with which the member is required to move. The offense is tied not to a unit’s general roll call but to a particular scheduled movement.

Article 87 is codified at 10 U.S.C. 887. The Military Justice Act of 2016, effective January 1, 2019, retained the missing movement offense and added a separate provision within the same article addressing wrongfully and intentionally jumping into the water from a vessel in use by the armed forces. The missing movement offense remains the core of the article and is distinguished by the mental state behind the absence: neglect or design.

What the statute prohibits

Article 87 reaches a person subject to the UCMJ who, through neglect or design, misses the movement of a ship, aircraft, or unit with which the member is required to move. The movement must be one the accused was required to make, the accused must have known of the prospective movement, and the accused must have failed to be present for it. The distinction between neglect and design runs through the entire offense. A movement missed through neglect involves a careless or inattentive failure to be present, such as failing to plan or oversleeping. A movement missed through design involves a deliberate, intentional choice to avoid it.

Elements the government must prove

To obtain a conviction for missing movement, the prosecution must establish each of the following beyond a reasonable doubt:

  1. That the accused was required to move with a ship, aircraft, or unit.
  2. That the accused knew of the prospective movement of the ship, aircraft, or unit.
  3. That the accused missed the movement of the ship, aircraft, or unit.
  4. That the accused missed the movement through neglect or design.

Knowledge of the prospective movement is essential. A service member who was never informed of the movement, or who reasonably did not know of it, has not committed the offense, because the accused must have known the movement was to occur.

Maximum punishment

The maximum punishment under Article 87 depends on whether the movement was missed through design or through neglect, as set out in Part IV of the Manual for Courts-Martial.

Where the movement was missed through design, the maximum punishment is a dishonorable discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for two years.

Where the movement was missed through neglect, the maximum punishment is a bad-conduct discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for one year.

The intentional choice to avoid a movement is treated as the more serious form of the offense. For offenses committed on or after December 27, 2023, the revised sentencing procedures under the Military Justice Act framework apply.

Defenses

Lack of knowledge of the prospective movement is a defense, because knowledge is a required element. Where the accused was not informed of the movement, or the notice or orders were defective or unclear, the offense may not be made out. Impossibility may apply where circumstances genuinely beyond the accused’s control, such as unexpected hospitalization, an accident, or lawful detention, prevented the accused from being present, so that the absence was not the product of either neglect or design. Because the offense turns on the accused’s mental state, a showing that the absence was neither careless nor deliberate goes to the heart of the charge.

Distinctions from related offenses

Article 87 should be distinguished from Article 86, absence without leave. Article 86 concerns unauthorized absence from a unit, organization, or place of duty in general, while Article 87 concerns the failure to be present for a specific, scheduled movement. A service member can miss a movement under Article 87 even without being generally absent, and the two offenses can arise from the same set of facts. Article 87 is also distinct from desertion under Article 85, which requires an intent to remain away permanently or to avoid hazardous duty or important service; missing movement requires only neglect or design, not an intent to leave the service for good.

Frequently asked questions

What is the difference between missing movement and AWOL?
Article 86 absence without leave concerns unauthorized absence from a unit or place of duty in general. Article 87 missing movement concerns the failure to be present for a specific scheduled movement of a ship, aircraft, or unit. The two can overlap but protect different interests.

Can missing movement be charged when the absence was accidental?
Yes. Missing a movement through neglect is punishable, though it is treated less severely than missing one through design. A careless or inattentive failure to be present can satisfy the offense even without an intent to avoid the movement.

How does the punishment differ for design versus neglect?
Missing movement through design carries a maximum of a dishonorable discharge and confinement for two years. Missing movement through neglect carries a maximum of a bad-conduct discharge and confinement for one year. The deliberate choice to avoid a movement is the more serious form.

What if the accused did not know about the movement?
Knowledge of the prospective movement is a required element. If the accused was never informed, or the orders were defective or unclear, the offense may not be established.

What kinds of movements does Article 87 cover?
The article covers movements of a ship, aircraft, or unit that the member was required to make, such as a deployment, an embarkation, or a unit transfer. The movement must be a scheduled one the accused was obligated to join.

Sources

10 U.S.C. 887, Article 87, Missing movement; jumping from vessel: https://www.law.cornell.edu/uscode/text/10/887

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.

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