Court Martial Lawyer | Court martial offenses UCMJ Articles 85 – 87
UCMJ Art. 85. Desertion
(a) Any member of the armed forces who—
(1) without authority goes or remains absent from his unit,
organization, or place of duty with intent to remain away therefrom
permanently;
(2) quits his unit, organization, or place of duty with intent to
avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the armed
forces enlists or accepts an appointment in the same or another
one of the armed forces without fully disclosing the fact that he
has not been regularly separated, or enters any foreign armed
service except when authorized by the United States; is guilty of
desertion.
(b) Any commissioned officer of the armed forces who, after
tender of his resignation and before notice of its acceptance, quits
his post or proper duties without leave and with intent to remain
away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert
shall be punished, if the offense is committed in time of war, by
death or such other punishment as a court-martial may direct, but
if the desertion or attempt to desert occurs at any other time, by
such punishment, other than death, as a court-martial may direct.
Art. 86. Absence without leave – AWOL
Any member of the armed forces who, without authority—
( 1 ) fails to go to his appointed place of duty at the time prescribed;
(2) goes from that place; or
(3) absents himself or remains absent from his unit, organization,
or place of duty at which he is required to be at the time prescribed;
shall be punished as a court-martial may direct.
Art. 87. Missing movement
Any person subject to this chapter who through neglect or
design misses the movement of a ship, aircraft, or unit with which
he is required in the course of duty to move shall be punished as
a court-martial may direct.
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Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
