ARTICLE 86 UCMJ Absence Without Leave (UA / AWOL)

Article 86 of the UCMJ covers unauthorized absence — known as AWOL in the Army and Air Force and UA in the Navy and Marine Corps. It is one of the most frequently charged military offenses, ranging from minor misconduct to serious criminal exposure. Commands often treat it as simple, but the consequences can be severe — especially when combined with other allegations or used as grounds for administrative separation.

Article 86 applies when a service member fails to be where they are required to be, when they are required to be there, without proper authority. Covered conduct includes:

• Missing movement

• Failing to report for duty

• Leaving a place of duty early

• Remaining absent beyond authorized leave

• Failing to return from leave, pass, or liberty

The offense does not require bad intent. Many cases stem from miscommunication, administrative errors, personal emergencies, or simple misunderstandings.

Common scenarios that trigger Article 86 charges include:

• Missing morning formation or duty

• Oversleeping or transportation problems

• Late return from leave, liberty, or pass

• Failure to report after TDY or medical appointments

• Confusion about duty location or time

• Improperly handled family emergencies

Minor situations can escalate quickly if the command believes the absence was intentional or prolonged. For more on how investigations begin, see under investigation.

Article 86 includes multiple theories of liability.

Failure to Go to Appointed Place of Duty

Being late or failing to report when ordered to a specific place at a specific time.

Going From Appointed Place of Duty

Leaving a place of duty early without authorization.

Absence Without Leave (AWOL / UA)

Being absent from your unit, organization, or place of duty without authority. This is the most common Article 86 offense. If the absence exceeds 30 days, it may trigger a deserter warrant — see Article 85 desertion for the distinction between AWOL and desertion.

Absence Terminated by Apprehension

If an absence ends via apprehension by law enforcement rather than voluntary return, punishment exposure increases significantly.

Aggravating Factors (Increased Punishment)

Aggravating factors that increase punishment include:

• Absence from guard or watch

• Absence from guard or watch with intent to abandon

• Absence with intent to avoid maneuvers or field exercises

In all cases, the government must prove that the accused knew the time and place of the appointed duty.

There is no minimum time requirement. An absence can be:

• Minutes

• Hours

• Days

• Weeks

However, the length of the absence matters greatly for punishment and command response. An absence of more than 30 days may trigger classification as a deserter under Article 85, which carries significantly higher penalties.

No. Minor infractions are commonly handled via counseling. If problems persist, the command may escalate to nonjudicial punishment (Article 15 / NJP) and potential administrative separation.

Repeated offenses, extended absences, or aggravating factors can trigger court-martial charges — especially when combined with other offenses. Command discretion and OSTC involvement plays a major role in how Article 86 cases are handled.

Being arrested, detained, or prosecuted by civilian authorities does not automatically excuse AWOL under Article 86, but there are exceptions.

When Civilian Custody Is Not AWOL

If a service member is facing civilian trial and the military properly transfers custody, the absence may not constitute AWOL.

Civilian Trial While on Leave or Already AWOL

If a service member is on leave or already AWOL and is then arrested, detained, tried, or acquitted by civilian authorities, the member’s absence status does not change — regardless of how long the civilian case takes.

Release Without Trial

If the member was on authorized leave at the time of arrest and is released without trial, the government must prove that the member actually committed the offense causing the detention before an AWOL conviction is proper.

Inability to Return to Duty

Inability to return does not excuse AWOL if caused by:

• Illness

• Lack of transportation

• Other personal disabilities

However, if the absence is partly involuntary or enforced, that may be considered extenuation to be weighed in disposition.

When Inability to Return Is Not AWOL

If a service member is on authorized leave and, through no fault of their own, is unable to return by the end of leave, no Article 86 violation occurs. This is sometimes called the “Act of God” defense.

These are maximum authorized punishments. Actual punishment depends on the forum — summary, special, or general court-martial — and jurisdictional caps. For a full comparison across forums, see court-martial punishments and sentencing.

Failure to Go / Going From Appointed Place of Duty

• No discharge authorized

• Confinement: 1 month

• Forfeiture of 2/3 pay for 1 month

AWOL / UA (Not Terminated by Apprehension)

• 3 days or fewer: confinement 1 month, forfeiture 2/3 pay for 1 month

• More than 3 days but 30 days or fewer: confinement 6 months, forfeiture 2/3 pay for 6 months

• More than 30 days: dishonorable discharge, forfeiture of all pay and allowances, confinement 1 year

AWOL / UA Terminated by Apprehension

• More than 30 days: dishonorable discharge, forfeiture of all pay and allowances, confinement 18 months

Absence From Guard or Watch

• No discharge authorized

• Confinement: 3 months

• Forfeiture of 2/3 pay for 3 months

Absence From Guard or Watch With Intent to Abandon

• Bad-conduct discharge

• Confinement: 6 months

• Total forfeiture of pay and allowances

Absence With Intent to Avoid Maneuvers or Field Exercises

• Bad-conduct discharge

• Confinement: 6 months

• Total forfeiture of pay and allowances

The Manual for Courts-Martial (MCM) assigns offense categories and recommended confinement ranges used by military judges and practitioners to gauge sentencing exposure. These are not mandatory — the sentencing authority may deviate only if justified, and the lesser maximum authorized punishment always controls.

Article 86 Offense Category

All Article 86 offenses fall under Category 1, with a recommended confinement range of 0 to 12 months. This applies even to absences terminated by apprehension. For more on how MCM categories work, see court-martial punishments and sentencing.

A military defense attorney can help by:

• Identifying possible defenses you may not see

• Attacking weak investigative foundations

• Identifying biases and credibility issues with accusers

• Positioning your case for dismissal, withdrawal, or favorable resolution

For more on the broader context of military justice, see Article 86, UCMJ: AWOL, Failure to Report, and Unauthorized Absence and Court Martial Meaning: The High-Stakes Reality of Military Justice. For a guide to your rights as an accused service member, see The Military Accused: A Strategic Guide to Your Rights and Defense in 2026.