UCMJ Article 87: Missing Movement and Jumping from Vessel
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Article 87 has two offenses. Missing the movement of a ship, aircraft, or unit one is required to move with carries a dishonorable discharge and 2 years if done by design, or a bad-conduct discharge and 1 year if through neglect. Wrongfully and intentionally jumping into the water from a vessel in use by the armed forces carries a bad-conduct discharge and 6 months.
Missing a movement, or going over the side
10 U.S.C. § 887 has two subsections:
- (a) Missing movement: a person who, “through neglect or design, misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move.”
- (b) Jumping from vessel into the water: a person who “wrongfully and intentionally jumps into the water from a vessel in use by the armed forces.”
Subsection (b) was added by the Military Justice Act of 2016 (Pub. L. 114-328, § 5406).
What counts as a “movement”
Under the Manual for Courts-Martial (2024 ed.), Part IV, ¶ 11.c(1)(a), a movement is “a move, transfer, or shift of a ship, aircraft, or unit involving a substantial distance and period of time,” and whether it is substantial is for the court-martial. Not movements: short practice marches that return to the starting point, shifting a ship from one berth to another in the same harbor, or moving a unit from one barracks to another on the same post.
Mode of travel does not matter for a unit, whether by ship, train, aircraft, truck, bus, or on foot, and a “unit” includes one formed for the move or to be disbanded on arrival. For a person assigned as crew or ordered aboard a particular ship or aircraft, missing that particular sailing or flight is required (¶ 11.c(1)(b)).
Design, neglect, and knowledge
- Design means “on purpose, intentionally, or according to plan” and requires specific intent to miss the movement (¶ 11.c(1)(c)).
- Neglect means failing to take appropriate measures to be present, or acting without attention to probable consequences, such as traveling so far from the departure point that one is unlikely to return in time (¶ 11.c(1)(d)).
- Knowledge. The accused must have actually known of the prospective movement. “Knowledge of the exact hour or even of the exact date of the scheduled movement is not required.” Knowing the approximate date is enough, if the accused’s conduct caused the missed movement (¶ 11.c(1)(e)).
That a movement was missed may be proved by log or morning report entries, or by testimony that it occurred while the accused was elsewhere (¶ 11.c(1)(f)).
Jumping from a vessel
“In use by” means any vessel operated by or under the control of the armed forces, and the offense “may be committed at sea, at anchor, or in port” (¶ 11.c(2)). The jump must be both wrongful and intentional (¶ 11.b(2)).
The same paragraph carries the Manual’s instruction, “Bona fide suicide attempts should not be charged as criminal offenses,” and directs the convening authority to consider health conditions, personal stressors, and DoD suicide-prevention policy in deciding whether an act was one.
2 years by design, 1 year through neglect, 6 months for jumping
From ¶ 11.d:
| Offense | Maximum |
|---|---|
| Missing movement by design | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
| Missing movement through neglect | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
| Jumping from a vessel into the water | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
In time of war, missing movement may be tried at any time, without a statute of limitations (10 U.S.C. § 843(a)).
The absence behind a missed movement
Missing a movement can involve an absence, but the absence alone is charged under Article 86, with maximums keyed to its length. If the purpose was to avoid hazardous duty or important service, such as embarkation for sea duty, the conduct can be desertion under Article 85, with a 5-year maximum.
Sources
- 10 U.S.C. § 887, Article 87, Missing movement; jumping from vessel (Cornell LII)
- 10 U.S.C. § 843, Article 43, Statute of limitations (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 11
General information about military law, not legal advice for any individual case.