ARTICLE 87: Missing Movement – What Every Service Member Should Know Before It’s Too Late

In the military, timing is everything. Miss a formation, you're late. Miss a scheduled deployment, you're in trouble. Miss the movement of your assigned unit, ship, or aircraft—and now you're in legal territory most civilians can't even imagine. Article 87 of the Uniform Code of Military Justice (UCMJ) makes it a criminal offense for a service member to miss a required movement. Unlike AWOL, which is based on absence alone, Article 87 carries an added weight: it ties that absence to mission failure. The assumption isn’t just that you were gone—it’s that you weren’t where the mission needed you. And depending on whether your absence was negligent or intentional, the consequences can follow you for the rest of your life.

What Does "Missing Movement" Actually Mean?

Article 87 isn’t about being late to roll call. It applies when a service member fails to move with their assigned unit, aircraft, or ship, whether by air, land, or sea, when that movement is officially ordered. It applies to deployments, rotations, field exercises, and other unit-level movements. The government must prove four things:

You were ordered to move with a specific ship, aircraft, or unit.
You knew about the scheduled movement.
You missed it.
You did so either through neglect or by design.

Neglect means you didn’t intend to miss it, but your actions (or inactions) still caused it—oversleeping, losing track of the date, failing to arrange transport.
Design means you intentionally avoided the movement—whether to delay deployment, protest an order, or remove yourself from an assignment.

Both are charges under Article 87. One ends your career. The other can end your future.

What Counts as “Movement”?

This is where many Article 87 cases fall apart—or hold together. Movement doesn’t just mean wheels up or engines starting. It refers to an official, command-ordered transfer of personnel. That includes:

Deployments to foreign duty stations
Embarkation with a Navy vessel
Large-scale field exercises
Scheduled military flights for unit transition
Relocation under operational orders

It does not include personal PCS moves, leave travel, or non-mandatory transfers unless they’re tied to an assigned unit’s movement.

A skilled UCMJ Attorney will immediately investigate how the “movement” was defined, whether proper notice was given, and if command fulfilled all elements of due process. Because sometimes what command calls “movement” turns out to be nothing more than a procedural gap—one that can mean the difference between a reprimand and a court-martial.

Penalties for Violating Article 87

The punishment depends on one thing: intent. Did you miss movement because of an error? Or did you do it on purpose?

If by Neglect:

Bad conduct discharge
Forfeiture of all pay and allowances
Confinement for up to 1 year

If by Design:

Dishonorable discharge
Forfeiture of all pay and allowances
Confinement for up to 2 years

These penalties affect more than your record. They impact clearance renewals, civilian career eligibility, VA benefits, and your family’s future. One decision—sometimes one mistake—is all it takes to lose everything you earned.

Common Situations Where Article 87 Charges Are Filed

“I missed deployment due to an emergency.”
You had a family crisis, tried to inform your supervisor, but paperwork lagged. The plane left. Your name was marked absent. Article 87 doesn’t look at stress. It looks at location.

“What happens if I miss movement military?”
You miss the unit’s scheduled departure. Command initiates a preliminary inquiry. If they believe it was avoidable, you're flagged. If they believe it was intentional, you're charged.

“Military punishment for missing movement?”
Even first-time offenders can face jail time and a permanent discharge classification. Punishment depends heavily on whether command views the absence as betrayal or mistake.

“Article 87 court-martial example?”
There are few published cases, but in most, the prosecution hinges on proving notice and assigned obligation. If your name was on the manifest and you weren’t there—it’s on you to explain why.

“Jumping From Vessel” – A Silent but Serious Variation

In naval contexts, deliberately exiting a ship just before scheduled movement, or “jumping ship,” can trigger Article 87 or fall under Article 134 depending on surrounding facts. It’s usually viewed as intentional evasion—especially during deployment operations. Even when no harm occurs, abandoning a vessel before movement triggers immediate disciplinary review. No ship commander treats it lightly. If you’re facing this specific accusation, your defense needs to address not just absence, but intent, timing, and risk to the mission.

How an Experienced Defense Attorney Attacks Article 87

This isn’t about denying the obvious. It’s about reframing the story. Was the movement lawful? Were you properly informed? Did your unit issue proper documentation? Was the assignment in writing—or assumed?

An attorney with decades in military law will challenge the technical components of the case:

Was the movement officially classified as “required”?
Was the service member’s name on orders or movement rosters?
Was the communication channel properly used (e.g., no CAC access, missed email, miscommunication)?
Did transportation issues play a role—e.g., canceled flights, vehicle breakdowns?
Did the accused make an effort to notify command?

Defending Article 87 charges requires precision, not denial. It's not just about proving innocence. It’s about creating enough doubt in the facts, sequence, and process to stop a conviction.

Why Article 87 Is Often Misapplied

Command doesn’t always get it right. Article 87 charges often emerge from chaotic deployments, last-minute roster changes, or weak admin coordination. Sometimes the “movement” itself gets delayed or altered—and yet the service member still gets charged for missing it. That’s not justice. That’s system failure. And if no one fights back, the error becomes your legacy.

What to Do If You’re Facing Article 87 Charges

Don’t wait for the next counseling statement. Don’t write a statement without representation. And don’t assume your chain of command will “work it out.”

Call 888-643-6254 to speak with a UCMJ Attorney and begin your defense with Joseph L. Jordan today.