Article 86 UCMJ and AWOL: How to Avoid Common Pitfalls

Article 86 UCMJ and AWOL: How to Avoid Common Pitfalls

Article 86 of the Uniform Code of Military Justice (UCMJ) deals with the offense of Absence Without Leave (AWOL). This serious violation can lead to severe consequences, including court-martial, imprisonment, and a blemished military record. Understanding the common pitfalls associated with AWOL and how to avoid them is crucial for military personnel aiming to maintain their duty and honor.

Understanding Article 86 UCMJ

Article 86 UCMJ defines AWOL as a service member's failure to be present at their assigned place of duty at the prescribed time. This can include scenarios where a member:

Fails to go to their appointed place of duty.

Goes from their appointed place of duty.

Absents themselves from their unit, organization, or other place of duty at which they are required to be.

The seriousness of the Article 86 UCMJ offense is judged based on the duration of the absence, the circumstances surrounding it, and the intent of the service member.

Common Pitfalls Leading to AWOL

Miscommunication:

Pitfall: Misunderstanding orders or duty schedules.

Avoidance: Always double-check your orders and schedules with your superior officers. Keep a personal calendar and set reminders for duty times and locations.

Personal Issues:

Pitfall: Family emergencies or personal problems causing unplanned absences.

Avoidance: Communicate any personal issues with your chain of command as soon as possible. Utilize the military support systems available for personal or family crises.

Physical or Mental Health Problems:

Pitfall: Health issues leading to absences without proper medical leave.

Avoidance: Seek medical attention and ensure you have the proper documentation for any health-related absences. Inform your superior officers about your condition and follow the official leave procedures.

 Lack of Awareness of Leave Policies:

Pitfall: Not understanding or following the official leave and liberty procedures.

Avoidance: Familiarize yourself with the leave policies and procedures of your unit and the broader military regulations. Ensure all leave requests are submitted and approved through the correct channels.

Unforeseen Circumstances:

Pitfall: Unplanned events such as transportation issues or accidents preventing timely return to duty.

Avoidance: Plan ahead for potential disruptions. Always have contingency plans and contact information for your chain of command in case of emergencies.

Strategies to Avoid AWOL

Maintain Open Communication:

Regularly communicate with your chain of command about any issues or concerns that might affect your ability to fulfill your duties. Transparent communication can often prevent misunderstandings and provide you with the support you need to avoid unintentional absences.

Stay Organized and Proactive:

Use organizational tools like calendars, reminders, and checklists to keep track of your duty schedules and obligations. Proactive planning, especially for leave or personal time, ensures that you adhere to military protocols and prevent accidental AWOL situations.

Understand Your Rights and Resources:

Familiarize yourself with the support resources available within the military, including legal assistance, mental health services, and family support programs. Knowing your rights and the assistance available can help you navigate personal and professional challenges without compromising your duty.

 Seek Early Intervention for Issues:

If you anticipate any potential problems that might lead to an unauthorized absence, seek early intervention. Whether it’s a family issue, health concern, or logistical problem, addressing it early with the help of your chain of command can prevent it from escalating into an AWOL situation.

Legal Counsel:

If you find yourself facing potential AWOL charges, seek legal counsel immediately. Understanding your legal options and the best course of action can significantly affect the outcome of your case and help mitigate the consequences.

Avoiding AWOL under Article 86 UCMJ requires vigilance, proactive planning, and open communication. By understanding the common pitfalls and implementing strategies to avoid them, military personnel can fulfill their duties honorably and maintain their standing within the armed forces. Taking advantage of the resources and support systems available can help address personal and professional challenges without compromising your commitment to service.

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Bilecki Law Group 2
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