Why is awol in the army punishable

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Menu Contact. Location Email. Defending Those Who Defend. Article 87 - Missing Movement When a service member intentionally misses their ship, aircraft, or unit, it could result in a missing movement charge. If the missing movement was an intentional act, punishment may be A dishonorable discharge Forfeiture of pay And confinement for 2 years If the service member accidentally or neglectfully , misses their ship, aircraft, or unit, punishment may be: A possible bad-conduct discharge Forfeiture of pay And confinement for 1 year Article 86 - AWOL Punishments of AWOL vary depending on the circumstances of the absence and the discretion of the commanding officer, possibly referring the case to trial by court-martial.

Some friends and myself were out one night, when I had a couple too many drinks. After the night was over, we were leaving the bar and a police officer told me to stop. Being ignorant and drunk I decided to take off running. Being drunk and trying to evade do not go hand in hand, so needless to say it did not take much to apprehend me.

All calls to the hotline are confidential. Some people are looking for a discharge. Some have family emergencies they could not get permission to deal with. Some people leave in a rash move of frustration without giving much thought to the consequences. Still others leave to protect themselves from harassment and threats or to get medical attention for serious physical or psychological problems which the military has failed to treat.

Whatever the reasons, GI Rights counselors will discuss the situation. Actual punishments can vary from nothing at all to General Court-Martial, which could include a sentence of dishonorable discharge a felony level conviction and also could include years of jail time. Typically, punishments range in between these two extremes. Note: while many people have been told that desertion during a time of war is punishable by death, OIF and OEF are recognized as police actions rather than as congressionally declared wars and no one has received such punishment in decades.

These rumors generate fears and consequently many absent GIs are reluctant to return to the military and resolve the issue. For many people the fears are increased by the mistaken idea that they are the only person in their situation, when in reality thousands of others have done it.

Most cases are resolved without court-martial. For an unauthorized absence to be punishable under the UCMJ, the Government must prove the following elements depending on specific absence alleged:. There are two main defenses to Article 86 that can be asserted. The first deals with actual knowledge. In order to be convicted of being AWOL, the accused must have actual knowledge of his appointed time and place of duty. Actual knowledge is vital to an Article 86 prosecution.

Another good defense to Article 86 deals with inability to return. Where a member who is AWOL is dealing with a difficulty that prevents him from returning, such as sickness or lack of transportation, evidence of the difficulty can be used to mitigate the penalties the accused is subject to. Typically, an inability to return defense is an extenuating circumstance rather than a complete defense to prosecution.

However, when a member on authorized leave, without fault, is unable to return when leave expires, that person has not committed the offense of being AWOL. Upon return to military custody, it is critical that the servicemember receive immediate and appropriate medical treatment. A mental health diagnosis can be important evidence in extenuation and may later form the basis for a discharge upgrade if the servicemember is separated from the military under general or other than honorable conditions.

The maximum punishment for AWOL increases based on the length of absence and how the absence is terminated, whether through a voluntary surrender or by apprehension.

The severity of punishment will depend on the specification charged and the circumstances surrounding the conduct.