Gonzalez & Waddington – Attorneys at Law

Absence without authority refers to offenses under three articles of the Uniform Code of Military Justice:

  1. Article 85: Desertion and attempted desertion.
  2. Article 86: Failure to go to appointed place of dutyleaving appointed place of duty, and absence without leave.
  3. Article 87: Missing movement.

Unauthorized absences are punishable under Articles 85, 86 and 87 and not under Article 134. United States v. Deller, 12 C.M.R. 165 (C.M.A. 1953) (allegation that accused absented himself without leave “with the wrongful intention of permanently preventing completion of basic training and useful service as a soldier” was not an offense in violation of Article 134; however, the court affirmed a conviction under Article 85).

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