Uniform Code of Military Justice (UCMJ)

 

article 87

MCM Article a. Text. "Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.". Aug 31,  · Annotated text of UCMJ Article Absence without leave. This page helps to explain the details in this punitive article. Annotated text of UCMJ Article Absence without leave. Next Article> Article Missing movement > Above Information from Manual for Court Martial, , Chapter 4, Paragraph Access to agency records. 1. (a) Within sixty days after the effective date of this article, the governing body of each public corporation shall promulgate uniform rules and regulations for all agencies in such public corporation pursuant to such general rules and regulations as may be promulgated by the committee on open government in conformity with the provisions of this article.


UCMJ Article Failure to Obey Order or Regulation


This article is designed article 87 cover every case not elsewhere provided for in which any member of the armed forces is through the members own fault, not at article 87 place where the member article 87 required to be at a prescribed time.

It is not necessary that the person be absent entirely from military jurisdiction and control. The first part of this article relating to the appointed place of duty applies whether the place is appointed as a rendezvous for several or for one only, article 87. The offenses of failure to go to and going from the appointed place of duty require proof that the accused actually knew of the appointed time and place of duty.

The offense of absence from the unit, organization, or place of duty with intent to avoid maneuvers or field exercises requires proof that the accused actually knew that the absence would occur during a part of a period of maneuvers or field exercises. Actual knowledge may be proved by circumstantial evidence. Specific intent is not an element of unauthorized absence, article 87. Specific intent is an element for certain aggravated unauthorized absences. There are variations of unauthorized absence under Article 86 3 which are more serious because of aggravating circumstances such as duration of the absence, a special type of duty from which the accused absents himself or herself, and a particular specific intent which accompanies the absence.

These circumstances are not essential elements of a violation of Article They simply constitute special matters in aggravation. The following are aggravated unauthorized absences:, article 87. A member of the armed forces turned over to article 87 civilian authorities upon request under Article 14see R. When a member of the armed forces, being absent with leave, or absent without leave, is held, tried, article 87, and acquitted by civilian authorities, the members status as absent with leave, or absent without leave, is not thereby changed, regardless how long held.

The fact that a member article 87 the armed forces is convicted by the civilian authorities, or adjudicated to be a juvenile offender or the case is diverted out of the regular criminal process for a probationary period does not excuse any unauthorized absence, because the member's inability to return was the result of willful misconduct. If a member is released by the civilian authorities without trial, and was on authorized leave at the time of arrest or detention, the member may be found guilty of unauthorized absence only if it is proved that the member actually committed the offense for which detained, thus establishing that the absence was the result of the members own misconduct.

The status of absence without leave is not changed by an inability to return through sickness, article 87, lack of transportation facilities, or other disabilities, article 87. But the fact that all or part of a period of unauthorized absence was in a sense en-forced or involuntary is a factor in extenuation and should be given due weight when considering the initial disposition of the offense. When, however, a person on authorized leave, without fault, is unable to return at the expiration thereof, that person has not committed the offense of absence without leave.

A person undergoing transfer between activities is ordinarily considered to be attached to the activity to which ordered to report. A person on temporary additional duty continues as a member of the regularly assigned unit and if the person is absent from the temporary duty assignment, the person becomes absent without leave from both units, article 87, and may be charged with being absent without leave from either unit.

Unauthorized absence under Article 86 3 is an instantaneous offense. It is complete at the instant an accused absents himself or herself without authority. Duration of the absence is a matter in aggravation for the purpose of increasing the maximum punishment authorized for the offense. Even if the duration of article 87 absence is not over article 87 days, article 87, it is ordinarily alleged in an Article 86 3 specification.

If the duration is not alleged or if alleged but not proved, an accused can be convicted of and punished for only 1 day of unauthorized absence. In computing the duration of an unauthorized absence, any one continuous period of absence found that totals not article 87 than 24 hours is counted as 1 day; any such period that totals more than 24 hours and not more than 48 hours is counted as 2 days, and so on.

The hours of departure and return on different dates are assumed to be article 87 same if not alleged and proved. For example, if an accused is found guilty of unauthorized absence from hours, 4 April, to hours, 7 April of the same year 76 hoursarticle 87, the maximum punishment would be based on an absence of 4 days.

However, if the accused is found guilty simply of unauthorized absence from 4 April to article 87 April, the maximum punishment would be based on an article 87 of 3 days. Anaccused may properly be found guilty of two or more separate unauthorized absences under one specification, provided that each absence is included within the period alleged in the specification and provided that the accused was not misled.

If an accused is found guilty of two or more unauthorized absences under a single specification, article 87, the maximum authorized punishment shall not exceed that authorized if the accused had been found guilty as charged in the specification. Article 80 attempts. Maximum punishment. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month. Confinement f o r 3 months and forfeiture of two-thirds pay per month for 3 months.

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. US Military Careers Publications, article 87. By Rod Powers.

Text Any member of the armed forces who, without authority. Note: If the absence was terminated by apprehension, add the following element d That the absence was terminated by apprehension. A surrender occurs when a person presents himself or herself to any military authority, whether or not a member of the same armed force, notifies that authority of his or her unauthorized absence status, and submits or demonstrates a willingness to submit to military control. Such a surrender terminates the unauthorized absence.

Apprehension by military authority of a known absentee terminates an unauthorized absence. Delivery of a article 87 absentee by anyone to military authority terminates the unauthorized absence. When an absentee is taken into custody by civilian authorities at the request of military authorities, the absence is terminated, article 87.

When an absentee is in the hands of civilian authorities for other reasons and these authorities make the absentee available for return to military control, the absence is terminated when the military authorities are informed of the absentees availability. Lesser included offense. Confinement for 6 months and forfeiture of two-thirds pay per month for 6months. Dishonorable discharge, forfeiture of all pay and allowances, article 87, and confinement for 1 year.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months. Continue Reading, article 87.

 

UCMJ Article Absence Without Leave

 

article 87

 

(a) Missing Movement.— Any person subject to this chapter who, through neglect or design, misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court -martial may direct. Jan 15,  · Comments on Article 87 by John O. Honnold [U.S.] in the 3rd ed. () of the most frequently cited text on the CISG: Uniform Law for International Sales; Comments on Articles 87 and 88 in December text by Joseph Lookofsky [Denmark / U.S.] Commentarios al Articulo 87 sobre textos de por Pilar Perales [España]. Aug 31,  · Annotated text of UCMJ Article Absence without leave. This page helps to explain the details in this punitive article. Annotated text of UCMJ Article Absence without leave. Next Article> Article Missing movement > Above Information from Manual for Court Martial, , Chapter 4, Paragraph