Introduction
By enrolling in the Army, Navy, Air Force, Marine Corps and Coast Guard a person submits himself to the jurisdiction of the Uniform Code of Military Justice (UCMJ) which contains the criminal laws dealing with the activities of the service personnel. While UCMJ consists of 146 articles, of which Article 77 through 133 contain provisions relating to specific crimes such as desertion, disobeying and such other criminal activities. Article 86 of the UCMJ deals the specific issue of unauthorized absence, also referred to as ‘Absence without Leave’ (AWOL).
Article 86 provides for the court-martial of any member of the armed forces fails to reach the appointed place of duty or absents himself, from the place of duty where he is expected to be at the prescribed time. The person will also be subjected to the provisions of this article if the person goes from the place.
Main body
When a member of the service is instructed by a certain authority to reach an appointed place of duty at a certain time and the member has the knowledge of the place and time, if the member does not reach the place at the appointed time he will become punishable under the article.
Similarly when a member of the service has been asked to be present at a certain place of duty at an appointed hour and the member has the knowledge of the time and place, if the member leaves from that place to any other place such act becomes an offence under Article 86 of UCMJ.
This Article also deals with unauthorized absence from a unit, organization or place of duty. The absence of a member of the service without the permission or approval from any competent authority from his/her unit, organization or place of duty where he/she has been posted for a certain continued period of time, the act becomes punishable under the provisions of Article 86. It also includes the absence that was terminated by apprehension. Abandoning watch or guard duty which was entrusted to a member of the service and absenting from an unit, organization or place of duty with the intention of avoiding maneuvers or field exercises also entitles the person punishment under the Article (Powers).
Conclusion
For applying the provisions of Article 86 there must be proof that the accused had actual knowledge of the time and place where he was required to be present. Even circumstantial evidence would be enough to prove the knowledge. Particular intention of the member can be considered as a factor in respect of certain unauthorized absences giving rise to aggravated situations. Article 86 (3) differentiates between the aggravating circumstances resulting from unauthorized absence based on the duration of the absence, type and nature of duty from which the accused absented himself and specific intent connected with the absence. For instance unauthorized absence for more than 3 days or from a guard, watch or special type of duty will be considered as aggravated unauthorized absences. Absence due to sickness, lack of transportation facilities or other disabilities would also be construed as unauthorized absence. However the ‘involuntary’ factor in the unauthorized absence will be considered in favor of the accused at the time of initially disposing of the offense. Unauthorized absence under circumstances enumerated under Article 86 (3) shall be treated as an instantaneous offense.
Work Cited
Powers, Red. Punitive Articles of the UCMJ: Article 86 – Absence without Leave. 2009. Web.