UCMJ Article 86: Absence Without Leave
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Absence without leave (AWOL, or unauthorized absence) is being away from where duty requires, without authority. No intent is required for the basic offense; the length of the absence and how it ended set the maximum, from 1 month for an absence of 3 days or less to a dishonorable discharge and 18 months for an absence of more than 30 days ended by apprehension.
Three ways to be absent without authority
Under 10 U.S.C. § 886, a member of the armed forces commits the offense who, without authority, fails to go to the appointed place of duty at the time prescribed; goes from that place; or absents himself or remains absent from his unit, organization, or place of duty at which he is required to be.
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 10.b, also treats abandoning a guard, watch, or duty, and absence with intent to avoid maneuvers or field exercises, as forms of the offense.
What the government must prove
- Failure to go and going from require proof that the accused “actually knew of the appointed time and place of duty” (¶ 10.c(2)). Knowledge may be shown circumstantially.
- Absence from unit requires that the absence was without authority from anyone competent to grant leave, for a certain period.
- No specific intent is required for unauthorized absence; it matters only for the aggravated forms involving abandoning a watch or avoiding exercises (¶ 10.c(3)).
The Manual adds: “It is not necessary that the person be absent entirely from military jurisdiction and control” (¶ 10.c(1)). A member who stays on post but away from the required place of duty can be absent.
How the days are counted
Absence from unit “is an instantaneous offense,” complete the moment the accused leaves without authority; duration only raises the maximum (¶ 10.c(8)). If the duration is not alleged, or not proved, the accused can be punished only for 1 day.
The Manual’s counting rule (¶ 10.c(9)): any continuous period of not more than 24 hours counts as 1 day; more than 24 and up to 48 hours as 2 days, and so on. Its example: an absence from 0600 on April 4 to 1000 on April 7 is 76 hours, so the maximum is based on 4 days; if the findings say only “4 April to 7 April,” the maximum is based on 3 days.
How an absence ends
Under ¶ 10.c(10), an absence ends by:
- Surrender to any military authority, of any service, with notice of the absent status and submission to military control;
- Apprehension by military authority, or delivery of the absentee to military authority by anyone;
- Civilian arrest at military request; or
- Civilian custody for other reasons, once military authorities are told the absentee is available for return.
Civilian custody, illness, and temporary duty
- A member turned over to civilian authorities on request under Article 14 is not absent while held under that delivery. A member already absent who is convicted, adjudicated a juvenile offender, or diverted by civilian authorities is not excused (¶ 10.c(5)).
- Inability to return because of sickness or lack of transportation does not change an absence without leave; it is extenuation. But a member on authorized leave who, “without fault, is unable to return at the expiration thereof” has not committed the offense (¶ 10.c(6)).
- A member absent from temporary additional duty is absent from both units and can be charged with absence from either (¶ 10.c(7)).
From 1 month to 18 months, by length and how the absence ended
From ¶ 10.d:
| Offense | Maximum |
|---|---|
| Failing to go to, or going from, the appointed place of duty | 1 month; forfeiture of two-thirds pay for 1 month |
| Absence of not more than 3 days | 1 month; forfeiture of two-thirds pay for 1 month |
| Absence of more than 3 but not more than 30 days | 6 months; forfeiture of two-thirds pay per month for 6 months |
| Absence of more than 30 days | Dishonorable discharge, forfeiture of all pay and allowances, 1 year |
| Absence of more than 30 days, ended by apprehension | Dishonorable discharge, forfeiture of all pay and allowances, 18 months |
| From guard or watch | 3 months; forfeiture of two-thirds pay for 3 months |
| From guard or watch with intent to abandon | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
| With intent to avoid maneuvers or field exercises | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
The 31st day of absence brings a dishonorable discharge into play for the first time. Returning on one’s own, rather than being apprehended, keeps a long absence at 1 year instead of 18 months.
Desertion and nonjudicial punishment
An unauthorized absence becomes desertion under Article 85 only with proof of intent to remain away permanently or to avoid hazardous duty; the Manual states that even a long absence, without more, does not prove desertion. When an absence is handled through Article 15 instead of a court-martial, nonjudicial punishment cannot be imposed for an offense committed more than two years earlier (10 U.S.C. § 843(b)(3)).
Sources
- 10 U.S.C. § 886, Article 86, Absence without leave (Cornell LII)
- 10 U.S.C. § 843, Article 43, Statute of limitations (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 9.c(1)(c)(v) and ¶ 10
General information about military law, not legal advice for any individual case.