Specific intent is not an element of unauthorized absence. Article 86(3) Mens Rea Under Article 86, UCMJ. . We are a worldwide firm and will travel to any military installation, home or abroad. (a) That the accused absented himself or herself from his or her unit, organization, or place of duty at which he or she was required to be; (b) That the absence was without authority from anyone competent to give him or her leave; and (c) That the absence was for a certain period of time. (9) Computation of duration. Part IV is organized by paragraph beginning with Article 77; therefore, each paragraph number is associated with an article. However, if the accused is found guilty simply of unauthorized absence from 4 April to 7 April, the maximum punishment would be based on an absence of 3 days. It is complete at the instant an accused absents themself without authority. If an accused is found guilty of two or more unauthorized absences under a single specification, the maximum authorized punishment shall not exceed that authorized if the accused had been found guilty as charged in the specification. (c) For more than 30 days. "/ $/ ;/ Í/ (a) Surrender to military authority. window.location = url; All three of these elements, and in some cases their sub-elements, must be proven by the Government beyond a reasonable doubt in order to charge a service member under this Article and include: Article 86 also sets forth special rules regarding civilian law enforcement apprehension of a service member who is absent without leave as well as computing the duration of the unauthorized absence. , intent to avoid field maneuvers or field exercises). (1) Failure to go to appointed place of duty. An offense under this Article is different from Desertion (Article 85) or Missing Movement (Article 87). (e) Unauthorized absence with the intent to avoid maneuvers or field exercises (special type of duty and specific intent). A person on temporary additional duty continues as a member of the regularly assigned unit and if the person is absent from the temporary duty assignment, the person becomes absent without leave from both units, and may be charged with being absent without leave from either unit. The UCMJ is a federal law, enacted by Congress. More extreme punishments include a Bad-Conduct Discharge, forfeiture of all pay and allowances, and confinement for 6 months for being absent with the intent to avoid maneuvers or field exercises. (a) That a certain authority appointed a certain time and place of duty for the accused; (b) That the accused knew of that time and place; and. (a) That the accused was a member of a guard, watch, or duty; (b) That the accused absented himself or herself from his or her guard, watch, or duty section; (c) That absence of the accused was without authority; and [Note: If the absence was with intent to abandon the accused's guard, watch, or duty section, add the following element] (d) That the accused intended to abandon his or her guard, watch, or duty section. (c) Unauthorized absence from a guard, watch, or duty (a special type of duty). These circumstances are not essential elements of a violation of Article 86. Unauthorized absence under Article 86(3) is an instantaneous offense. / '/ 9/ ?/ {/ Ñ/ 0 Ë0 Ì0 Ç1 È1 2 !2 y2 £2 3 53 —3 ¬3 ²3 Ø3 Ú4 5 Å5 Æ5 !6 "6 F6 ©6 8 8 9 9 9 9 !9 #9 $9 &9 '9 )9 *9 09 19 29 49 59 ;9 <9 =9 >9 ?9 C9 D9 E9 ÷ñ÷ñ÷ñéñéñ÷ñéñéñéñ÷ñ÷ñ÷ñ÷ñéñéñ÷ñ÷ñ÷ñ÷ñ÷ñ÷ñéñéñ÷ñ÷ñåİÙİÙİÙİÙÏÉÏÉÅÏÉϺÏÉÅÙå h so 0J mH nH uhÃ/ In that (personal jurisdiction data), did, on or about 20 , without authority, absent himself/herself from his/her (unit) (organization) (place of duty at which he/she was required to be), to wit: , located at , and did remain so absent until (he/she was apprehended) on or about 20 . (e) Unauthorized absence with the intent to avoid maneuvers or field exercises (a special type of duty and specific intent). 86. 822 22 VI. 2 u2 3 ’3 ”3 ®3 Ú3 Ö4 5 B6 «6 ÿ7 8 ô ô ô ô ô ï ï ï ï ô ô ô ô ô ô ô ô ô ï ï ô ô ô ô ô ô ô gd so UCMJ Article 109a – Mail Matter: Wrongful Taking, Opening, Etc. The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. (1) In general. It is complete at the instant an accused absents themself without authority. (b) Unauthorized absence for more than 30 days (duration). For example, a service member may be charged under this Article if they choose to remain in their quarters without permission on a military post when their assigned unit is in the field conducting training on that same post. Stocktrek Images/Stocktrek Images/Getty Images. Actual knowledge may be proved by circumstantial evidence. The following are aggravated unauthorized absences: (5) Control by civilian authorities: A member of the armed forces turned over to the civilian authorities upon request under Article 14, (see R.C.M. PAGE PAGE 2 $ @ D ¥ ­ ³ Û İ Duration of the absence is a matter in aggravation for the purpose of increasing the maximum punishment authorized for the offense. When, however, a person on authorized leave, without fault, is unable to return at the expiration thereof, that person has not committed the offense of absence without leave. The hours of departure and return on different dates are assumed to be the same if not alleged and proved. If a member is released by the civilian authorities without trial, and was on authorized leave at the time of arrest or detention, the member may be found guilty of unauthorized absence only if it is proved that the member actually committed the offense for which detained, thus establishing that the absence was the result of the member's own misconduct. Unauthorized absence for more than 3 days duration. The offense of absence from unit, organization, or place of duty with intent to avoid maneuvers or field exercises requires proof that the accused actually knew that the absence would occur during a part of a period of maneuvers or field exercises. They simply constitute special matters in aggravation. 'send_to': 'AW-835022021/piq0CLy5_uMBEMXZlY4D', UNIFORM CODE OF MILITARY JUSTICE . (4) Aggravated forms of unauthorized absence: There are variations of unauthorized absence under Article 86(3) which are more serious because of aggravating circumstances such as duration of the absence, a special type of duty from which the accused absents themself, and a particular specific intent which accompanies the absence. ç è 9 | } è ® g h à á í ø ş k l ê ú ô õ Ò Ø e � µ ¶ e f ¿ À 7 V ‰ Š » ¿ ø ù Q R (a) That the accused absented themself from their unit, organization, or place of duty at which they were required to be; (b) That the absence was without authority from anyone competent to give them leave; and. The crime of being absent without leave under the UCMJ consists of three elements. The fact that a member of the armed forces is convicted by the civilian authorities, or adjudicated to be a juvenile offender, or the case is "diverted" out of the regular criminal process for a probationary period does not excuse any unauthorized absence, because the member's inability to return was the result of willful misconduct. " e" f" Û" ã" ä# å# % &% Ø' Ù' ( ( ( ? d. Lesser included offense. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year. (1) Failure to go to appointed place of duty. What are the Probable Punishments for AWOL and Desertion? (b) For more than 3 days but not more than 30 days. É Ü = > ö ÷ ! l (5) With intent to avoid maneuvers or field exercises: Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. (2) Actual knowledge. 855 55 IX. (2) Absence from unit, organization, or place of duty. But the fact that all or part of a period of unauthorized absence was in a sense enforced or involuntary is a factor in extenuation and should be given due weight when considering the initial disposition of the offense. (2) Absence from unit, organization, or other place of duty. (11) Findings of more than one absence under one specification. Any member of the armed forces who, without authority: (1) fails to go to their appointed place of duty at the time prescribed; (3) absents themself or remains absent from their unit, organization, or place of duty at which they are required to be at the time prescribed; shall be punished as a court-martial may direct. Even if the duration of the absence is not over 3 days, it is ordinarily alleged in an Article 86(3) … Article 80 -- attempts e. Maximum punishment. (3) Intent. Post-Trial Procedure and Review of 859 59 Courts-Martial.

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