UCMJ Article 134: Straggling

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Straggling is wrongfully wandering away from, or lagging behind, one’s organization during a march, maneuvers, or a similar exercise. It is an enumerated Article 134 offense and one of the lightest in the Manual: the maximum is 3 months of confinement and forfeiture of two-thirds pay per month for 3 months, with no punitive discharge.

What “straggle” means

“‘Straggle’ means to wander away, to stray, to become separated from, or to lag or linger behind” (Manual for Courts-Martial (2024 ed.), Part IV, ¶ 108.c). The definition covers both leaving the formation and simply falling behind it.

Three elements of straggling

Under ¶ 108.b:

  1. the accused, while accompanying the accused’s organization on a march, maneuvers, or similar exercise, straggled;
  2. the straggling was wrongful; and
  3. under the circumstances, the conduct was prejudicial to good order and discipline in the armed forces, of a nature to bring discredit upon the armed forces, or both.

The third element is required by the text of 10 U.S.C. § 934.

Only on the move, and only if wrongful

The offense applies only while the accused is “accompanying the accused’s organization” on a march, maneuvers, or a similar exercise. Falling behind outside those settings is not straggling.

The second element requires that the straggling be wrongful. Separation that was authorized is not.

The lightest absence-type maximum

Under ¶ 108.d, the maximum is confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.

Straggling compared with other absence offenses

Offense What it requires Maximum
Straggling (¶ 108) Wrongfully wandering away from or lagging behind the organization on a march, maneuvers, or similar exercise 3 months; two-thirds pay per month for 3 months
Absence without leave (¶ 10) Absence from unit, organization, or place of duty without authority From 1 month up to a dishonorable discharge and 18 months, by length and how it ended
Absence with intent to avoid maneuvers or field exercises (¶ 10) Absence from the unit with that specific intent Bad-conduct discharge, forfeiture of all pay and allowances, 6 months

The details of the absence offenses are in Article 86. Absence with intent to remain away permanently, or to avoid hazardous duty or important service, is desertion under Article 85, and missing the movement of a ship, aircraft, or unit is Article 87.

Sources

General information about military law, not legal advice for any individual case.

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