§ Article 86 : Absence Without Leave

Article 86 of the UCMJ (10 U.S.C. § 886) punishes failing to be where military duty requires — failing to go to an appointed place of duty, leaving that place, or being absent from one’s unit or place of duty without authority. It does not require the intent to stay away permanently that separates it from desertion.

Who It Applies To

Any member of the armed forces who, without authority, fails to go to their appointed place of duty at the prescribed time, leaves that place, or is or remains absent from their unit, organization, or place of duty at the time they are required to be there.

What It Covers

Article 86 reaches several forms of unauthorized absence, each with its own elements.

Failure to go to, or going from, the appointed place of duty

1. A certain authority appointed a certain time and place of duty for the accused.
2. The accused knew of that time and place.
3. The accused, without authority, failed to go to the appointed place of duty at the prescribed time — or, having reported there, went from it.

Absence from unit, organization, or place of duty

1. The accused absented themselves from the unit, organization, or place of duty at which they were required to be.
2. The absence was without authority from anyone competent to give leave.
3. The absence was for a certain period of time.
4. Where alleged: the absence was terminated by apprehension.

Abandoning guard, watch, or duty section

1. The accused was a member of a guard, watch, or duty section.
2. The accused absented themselves from it.
3. The absence was without authority.
4. Where alleged: the accused intended to abandon the guard, watch, or duty section.

Absence with intent to avoid maneuvers or field exercises

1. The accused absented themselves from the unit, organization, or place of duty at which they were required to be.
2. The absence was without authority.
3. The absence was for a certain period of time.
4. The accused knew the absence would occur during part of a period of maneuvers or field exercises.
5. The accused intended to avoid all or part of that period.

Failure to go to or going from an appointed place of duty requires proof that the accused actually knew the appointed time and place. Specific intent is not an element of unauthorized absence itself, but it is an element of the aggravated forms that require intent to abandon a guard or watch or to avoid maneuvers or field exercises.

Maximum Punishment

Maximum authorized punishment.

• Failing to go to, or going from, the appointed place of duty: confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
• Absence from unit, organization, or place of duty for not more than 3 days: confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
• Absence for more than 3 days but not more than 30 days: confinement for 6 months and forfeiture of two-thirds pay per month for 6 months.
• Absence for more than 30 days: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
• Absence for more than 30 days and terminated by apprehension: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.
• Absence from guard or watch: confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.
• Absence from guard or watch with intent to abandon: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
• Absence with intent to avoid maneuvers or field exercises: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

The forms carrying no discharge authorize no punitive discharge.

Sentencing parameters. Every form of Article 86 is Category 1 (0–12 months). For each form whose maximum authorized confinement is shorter than 12 months — 1, 3, or 6 months as listed above — that shorter period is the recommended maximum.

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Absence without leave does not require the intent to remain away permanently, or to avoid hazardous duty or shirk important service, that defines desertion (Article 85). Missing movement (Article 87) addresses failing to move with a ship, aircraft, or unit, rather than absence from a place of duty.

What the Provision Does

Under the Manual, Article 86 is designed to cover every case not elsewhere provided for in which a member of the armed forces is, through the member’s own fault, not at the place where the member is required to be at a prescribed time. It does not require the intent that defines desertion, and the maximum punishment depends on the form and the length of the absence.

History

The statutory language traces to the original 1950 Uniform Code of Military Justice and was re-enacted in its current form on August 10, 1956.

Sources

• 10 U.S.C. § 886 (Article 86, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 10
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C