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UCMJ ART. 86 Unauthorized Absence

Unauthorized Absence (UA)

Unauthorized absence is one of the most common violations under the UCMJ.

Article 86 provides:

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.

Circumstance can aggravate a UA offense and make it more serious.

Unauthorized absence under Art. 86 is an instantaneous offense.  However, the accused must have actual knowledge, or must have known of the time and place of duty to be guilty of a violation.

If you are facing NJP or Courts-martial for an Article 86 offense, having legal representation on your side that is knowledgeable and willing to fight for you is the key to potentially saving your military career.  Do not hesitate to contact the team of lawyers at Strazza & Roughneen.

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