Article 86 UCMJ – Absence Without Leave (AWOL) – Military Defense Lawyers
UCMJ Military Defense Guide by Gonzalez & Waddington
Article 86 of the Uniform Code of Military Justice (UCMJ) criminalizes unauthorized absence from a unit, organization, or place of duty. Commonly called “AWOL,” this offense ranges from minor schedule violations to prolonged absences that lead to career-ending consequences. AWOL cases can arise from misunderstandings, confusion about orders, mental health issues, family emergencies, transportation failures, or administrative mistakes.
While AWOL is treated as a serious disciplinary issue, it is also one of the most commonly misinterpreted or unfairly charged UCMJ offenses. Commands often pursue Article 86 aggressively—especially in high-tempo environments like those in Florida—without understanding the underlying cause or context of the absence.
Florida installations such as NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt, Tyndall, Patrick SFB, MacDill, NSA Panama City, and NAS Key West see a high volume of Article 86 cases due to training schedules, shift work, operational stress, and the state’s unique geographical and family challenges.
Gonzalez & Waddington, Attorneys at Law defends service members worldwide in AWOL, UA (Unauthorized Absence), and failure-to-go cases. We highlight command miscommunication, administrative failures, mental health conditions, family emergencies, transportation problems, and legitimate reasons behind the absence. Many Article 86 cases can be reduced, dismissed, or resolved without a court-martial.
What Article 86 Criminalizes
Article 86 includes multiple forms of unauthorized absence:
- Failure to go to appointed place of duty
- Leaving appointed place of duty
- Absence from unit, organization, or duty section
- Prolonged AWOL
- Breaking restriction
- Failure to report after leave
- UA (Unauthorized Absence) – Navy/USMC terminology
Some AWOL cases last only minutes; others involve absences of days, weeks, or even months. Every scenario has different legal implications.
Elements the Government Must Prove Under Article 86
The prosecution must prove the following:
1. The Accused Was Required to Be at a Certain Place
A valid duty requirement must exist.
2. The Accused Failed to Go, Went Elsewhere, or Left Early
This includes both intentional and unintentional departures.
3. The Absence Was Without Authority
Lack of permission is required for guilt.
4. The Absence Was Knowing and Willful
Honest mistakes, emergencies, or misunderstandings often negate this requirement.
Maximum Punishments Under Article 86
Penalties depend on the length and circumstances of the absence.
Failure to Go
- Confinement up to 1 month
- Forfeiture of two-thirds pay
- Reduction to E-1
Short-Term AWOL (Under 3 Days)
- Confinement up to 1 month
- Forfeitures
- Reduction to E-1
AWOL Over 30 Days
- Dishonorable or Bad-Conduct Discharge
- Confinement up to 1 year
- Total forfeitures
Even low-level Article 86 cases can destroy careers through NJP, LOCs, LOAs, or administrative separation.
Why AWOL Allegations Are Common in Florida
Florida’s unique military landscape contributes to a high number of AWOL cases:
- Heavy training schedules (Pensacola, Whiting Field)
- Shift work and long duty hours
- Family emergencies far from base
- Young service members unfamiliar with leave rules
- Alcohol-related oversleeping
- Transportation delays due to Florida storms
- Confusion after PCS transitions
- Mental health struggles (stress, anxiety, depression)
Commands often fail to consider legitimate reasons for absence — we make sure they do.
Common Real-World Article 86 Scenarios
1. Accidental Oversleeping
A common Florida issue, especially after long trainings or unpredictable schedules.
2. Miscommunication About Duty Times
- Incorrect schedule information
- Chain-of-command errors
- Group chat confusion
3. Mental Health or Medical Emergencies
- Panic attacks
- Suicidal ideation
- Emergency room visits
4. Family Emergencies
- Sick children
- Spouse emergencies
- Parent hospitalization
5. Lack of Transportation
- Vehicle breakdowns
- Rideshare shortages
- Weather-related delays
6. AWOL After Liberty or Nightlife
Florida nightlife leads to frequent “failure to return” allegations.
7. AWOL After PCS Confusion
Service members arriving in Florida often misunderstand check-in procedures.
8. Restriction Violations (Breaking Restriction)
Counts as AWOL under certain Article 86 subsections.
How Article 86 Investigations Work
Investigations vary depending on whether the AWOL was short-term or prolonged.
Agencies Involved
- Chain of command
- Military Police
- NCIS/OSI/CID/CGIS (in serious cases)
- Civilian police (for prolonged AWOL)
Common Investigative Errors
- Failure to confirm actual duty times
- Incorrect or unclear orders
- Failure to consider mental health or medical issues
- Assuming intent without evidence
- Ignoring witness testimony supporting the accused
Most AWOL cases fall apart when context, communication errors, or health-related issues are properly examined.
How Gonzalez & Waddington Defends Article 86 Cases
Our defense strategy focuses on eliminating the core accusation: that the service member intentionally abandoned their duty.
1. Attack the “Willful” Element
We show legitimate reasons for absence such as accident, confusion, miscommunication, or emergency.
2. Expose Command/Administrative Errors
- Misinformation about duty times
- Chain-of-command negligence
- Improper leave or liberty guidance
3. Present Medical/Mental Health Factors
Stress, anxiety, depression, or medical emergencies often explain absence.
4. Demonstrate Character and Performance
A strong military record undermines allegations of intentional misconduct.
5. Florida-Specific Defense Tactics
- Weather-related issues
- Tourist-heavy traffic delays
- PCS transition problems
- Base access delays
6. Avoiding Court-Martial
Many Article 86 cases can be resolved through NJP, administrative measures, or dismissal.
Pro Tips for Service Members Accused Under Article 86
- Document everything immediately.
- Gather witnesses who saw your situation.
- Save texts, screenshots, and call logs.
- Do NOT make statements without legal advice.
- Obtain medical or emergency documentation if applicable.
- Write a personal timeline while memory is fresh.
- Avoid discussing the case with coworkers.
- Hire a civilian attorney immediately.
Related UCMJ Articles
- UCMJ Article Hub
- Article 85 – Desertion
- Article 87 – Missing Movement
- Article 95 – Resistance, Flight, Escape
- Article 91 – Insubordination Toward NCO/Warrant Officer
Article 86 UCMJ – Frequently Asked Questions
Can I get kicked out for being AWOL?
Yes. Even short-term AWOL can lead to administrative separation, especially in Florida training environments. Civilian defense counsel can often prevent separation or reduce consequences significantly.
What if I overslept or misread my schedule?
This is NOT a crime if the absence was accidental. Many Article 86 cases collapse once we show miscommunication or misunderstanding—not intentional misconduct.
What if my car broke down?
Mechanical failures are valid defenses. Document repairs, towing records, or roadside assistance logs to strengthen your case.
Should I talk to my command about my AWOL?
Not without legal advice. Statements you make may be misinterpreted or used against you. Consult civilian counsel first.
Why hire Gonzalez & Waddington?
Our firm has decades of global military defense experience. We have successfully saved countless military careers by exposing procedural failures, administrative mistakes, and legitimate reasons behind AWOL allegations.
Final Takeaways
Article 86 AWOL charges often arise from confusion, emergencies, or misunderstanding—not criminal intent. Commands frequently overreact, especially in high-stress training or operational environments. With the right defense, many cases can be resolved without career-ending consequences.
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Your strategy saves your career.