The Explanation and Punishments of Article 86.
In this essay I will give the explanation and punishments of Article 86 of the Uniform Code of Military Justice. Article 86 – Absence without leave is described as “any member of the armed force who, without authority – fails to go to his/her appointed place of duty at the prescribed time, goes from that place; or absents themselves or remains absent from their unit, organization, or place of duty at which he/she is required to be at the time prescribed; shall be punished as a court-martial may direct.” The first element in the description, “failure to go to appointed place of duty” is what you may also refer to as “out of ranks”. It means you had a certain time and place of duty. You must have known what your time and place of duty was. And that you, without authorization, failed to be at the appointed place of duty at the time prescribed. The next element is “going from your appointed place of duty”. This is simply arriving at your place of duty and then leaving without authorization. The third element, “absence from unit, organization, or place of duty”, is a mixture of elements one and two. Although I have not found any information on the minimum punishments, I do have a list of the maximum punishments.
(1) Failing to go to, or going from, the appointed place of duty. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
(2) Absence from unit, organization, or other place of duty.
(a) For not more than 3 days. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
(b) For more than 3 days but not more than 30 days. Confinement for 6 months and forfeiture of two-thirds pay per month for 6months.
(c) For more than 30 days. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(d) For more than 30 days and terminated by apprehension. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.
(3) From guard or watch.
(1) Failing to go to, or going from, the appointed place of duty. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
(2) Absence from unit, organization, or other place of duty.
(a) For not more than 3 days. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.
(b) For more than 3 days but not more than 30 days. Confinement for 6 months and forfeiture of two-thirds pay per month for 6months.
(c) For more than 30 days. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(d) For more than 30 days and terminated by apprehension. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.
(3) From guard or watch.