ARTICLE 86: Absence Without Leave (AWOL) Under the UCMJ

In civilian life, being late might cost you a warning. In the military, it can cost you your career. Article 86 of the Uniform Code of Military Justice (UCMJ) covers what most people know as AWOL—absence without leave. It sounds minor. It rarely is. A missed formation, an unreturned leave, a failure to check back in after emergency leave—all can lead to a formal charge that quickly escalates. The issue isn’t always how long you were gone. It’s whether they believe you left without permission. From that moment on, it’s no longer a scheduling error. It’s a criminal accusation that puts your rank, pay, and future in uniform at risk.

What Counts as AWOL?

AWOL doesn’t require malice. You don’t have to flee. You don’t have to disappear. You just have to be gone without authority. The regulation is clear: if you fail to report to your appointed place of duty, leave it without permission, or remain absent longer than authorized, you’ve violated Article 86. That means everything from skipping a roll call to staying away after leave has expired. What makes AWOL complicated is not the letter of the law—but how it’s interpreted by command.

Absence is a fact. Intention is the battlefield. You may have misunderstood orders. You may have had a transportation failure. You may have tried to return and been delayed. None of that will stop the charge from being filed. The military machine runs on accountability, not empathy. And unless you have someone pushing back, the system assumes the worst.

How Article 86 Is Charged

There are five primary ways a service member can be charged under Article 86:

1. Failure to Go to Appointed Place of Duty

You were supposed to be somewhere—morning formation, a scheduled shift, or a deployment muster—and didn’t show.
Max punishment: One month confinement, forfeiture of two-thirds pay.

2. Leaving Appointed Place of Duty

You were at your assigned post, but left without being properly relieved or dismissed. This applies to leaving a work detail early, walking off duty, or quietly skipping a shift.
Max punishment: Three months confinement, forfeiture of two-thirds pay.

3. Remaining Absent from Unit, Organization, or Duty Station

You were expected to return but didn’t. This is where most AWOL charges happen. The longer you're gone, the more serious the consequences become.

Under 3 days: 1 month confinement, 2/3 pay loss
4–30 days: 6 months confinement, 6 months forfeiture
Over 30 days: Dishonorable discharge, total forfeiture, 1 year confinement
Over 30 days and apprehended: Same, but up to 18 months confinement

4. Intent to Avoid Maneuvers or Duty Assignments

If your absence overlaps with a field exercise, training rotation, or deployment—and they believe it was intentional—they can charge you with avoiding duty.
Max punishment: 6 months confinement, bad conduct discharge, total forfeiture.

5. Abandonment of Guard or Watch

Guard duty is treated differently. It implies responsibility over lives or assets. Leaving your post without being relieved isn’t just misconduct—it’s a breach of trust.

Absence only: 3 months confinement
With intent to abandon: 6 months, full forfeiture, bad conduct discharge

A Real Case: United States v. Mills (1954)

In U.S. v. Mills, 17 C.M.R. 480, a sailor was accused of being AWOL after failing to return to his ship. But the circumstances mattered. He had been robbed and rendered unconscious during shore leave. He returned to duty as soon as he was able. The court ruled that his absence wasn’t voluntary and dismissed the charge. This case is still cited today because it reinforces a critical principle: Article 86 punishes unauthorized absence—not unavoidable absence.

What Happens After You're Accused

Once the charge is in motion, your name moves from roster to report. An investigation begins. Command might offer you Article 15 non-judicial punishment or escalate it to court-martial. Either way, your record is already under scrutiny. It’s not just about the time you missed. It’s about whether they can frame you as unreliable, unaccountable, or insubordinate. That’s why early legal intervention is critical.

If you’re lucky, your chain of command wants to resolve it informally. If not, expect restrictions, pay freeze, reassignment, and mounting pressure to “take responsibility.” The sooner your attorney steps in, the sooner the narrative shifts—from assumption to evidence, from accusation to explanation.

How Article 86 Defense Actually Works

A skilled defense attorney doesn’t start with denial. They start with the story. Why weren’t you there? What orders were given? Were they lawful? Were they clear? Did you request permission and never hear back? Was there a medical issue, personal emergency, or transportation breakdown?

Every Article 86 defense is built on one thing: reasonable doubt.
The prosecution only needs to prove your absence. You don’t have to prove innocence—you only need to create enough doubt about the reason behind the absence to keep a conviction from sticking.

That means every detail matters:
– Was your unit notified of your emergency?
– Did your command fail to properly brief you?
– Was your duty roster mismanaged?
– Was your return delayed due to factors beyond your control?

Why Command Pushes So Hard

AWOL disrupts more than schedules. It breaks formation, forces redistribution, and signals weakness to higher command. That’s why units push for fast punishment—even when the absence was explainable. It’s about control. An AWOL soldier represents unpredictability, and no commander wants that on their record. That’s why these cases escalate, even when the facts are soft.

What’s Really at Stake

A guilty finding under Article 86—even at the lowest level—can derail your entire military path. It follows you through reenlistment decisions, security clearance reviews, PCS opportunities, and even civilian employment. One charge of “absence without leave” on your record can be interpreted as disloyalty, irresponsibility, or worse.

You don’t just need to “explain what happened.” You need someone who knows the system to fight how it’s being written against you.

Call for the Defense You Deserve

If you’ve been charged under Article 86, call 888-643-6254 to speak with a UCMJ Attorney and begin your defense with Joseph L. Jordan today.