Understanding Article 87 UCMJ: Missing Movement by Neglect and Its Legal Implications
For members of the military, adherence to orders and movements is not just about discipline—it’s about maintaining the integrity and effectiveness of the armed forces. When service members miss a scheduled movement, whether intentionally or unintentionally, they risk facing serious consequences under the Uniform Code of Military Justice (UCMJ). In this post, we dive deep into Article 87 of the UCMJ, which covers the offense of “missing movement,” and explore the legal nuances, potential punishments, and why professional representation is crucial.
Who Is Mike Waddington?
Mike Waddington is a seasoned court-martial defense attorney with extensive experience defending service members facing military charges, including those related to Article 87. His insights shed light on the serious nature of missing movement charges and the importance of understanding the legal framework around them.
What is Article 87 of the UCMJ?
Article 87 specifically addresses the offense of “missing movement,” which occurs when a service member fails to be present for a movement on a military vessel, aircraft, or vehicle. This can be either:
- By Design: Intentionally missing movement, often considered desertion or absence without leave (AWOL).
- By Neglect: Missing movement unintentionally due to negligence or inadvertence.
Both forms are taken seriously because they impact unit readiness and mission success.
Missing Movement by Neglect vs. By Design
Understanding the distinction between neglect and design is critical:
- Neglect: This means the service member missed the movement unintentionally but due to carelessness or failure to meet responsibilities. For example, oversleeping or misunderstanding orders.
- Design: This refers to willfully and deliberately missing movement, which is often treated more severely and could be linked to desertion charges.
Even when missing movement is by neglect, it remains a serious offense under the UCMJ, and the accused may face court-martial proceedings.
Potential Punishments Under Article 87
The UCMJ provides a range of punishments for missing movement, depending on circumstances, intent, and whether the offense is repeated. Punishments can include:
- Reduction in rank
- Forfeiture of pay
- Confinement
- Dishonorable or other punitive discharges
Given the potential severity, it’s essential for accused service members to seek experienced legal counsel immediately.
Why You Need a Court-Martial Defense Attorney
Military justice operates differently from civilian courts, and the stakes are often high. An experienced attorney like Mike Waddington can help by:
- Analyzing the circumstances around the missed movement
- Assessing whether the absence was neglectful or intentional
- Building a strong defense strategy to mitigate punishments
- Providing guidance through the complexities of the UCMJ
If you or someone you know is facing Article 87 charges, immediate legal assistance is crucial. The phone number 1-800-921-8607 connects you with military defense experts who can help protect your rights.
Additional Resources and Support
For more information about military law, sexual assault defense, and other court-martial related matters, visit www.courtmartiallawyers.com or UCMJ Defense. These resources provide valuable insights and contact information for specialized attorneys.
Conclusion
Missing movement under Article 87 of the UCMJ is a serious offense that can have lasting repercussions on a military career. Whether the absence was by neglect or design, facing such charges without knowledgeable representation can jeopardize your future. Understanding the legal definitions, potential punishments, and your rights is the first step. If you find yourself in this situation, don’t hesitate to seek expert legal assistance to navigate the complexities of military justice effectively.
Remember, when it comes to military legal matters, timely and professional advice can make all the difference.