Yes, a service member can be charged under a specific clause of Article 86 for leaving their place of duty before their shift is over. The UCMJ makes a distinction between being absent from the entire unit and being absent from a specific appointed place of duty. The relevant offense is “going from his appointed place of duty” without proper authority. This applies to situations where a soldier is physically present on the military installation but leaves their specific workplace before being properly relieved.
To prove this offense, the prosecution must show that the service member had a specific appointed place of duty (e.g., the motor pool, the communications center), that they knew they were required to be there for a certain period, and that they left that place without getting permission from a superior. This is a common charge for service members who leave work early without authorization. The offense is complete the moment they wrongfully leave their place of duty.
A military defense attorney defending against this charge would focus on the element of authority. They might argue that their client had implied or actual permission to leave from an NCO, or that there was a unit policy or custom that allowed them to leave once their specific tasks for the day were completed. The attorney would also argue that this is a minor offense that should be handled with administrative counseling rather than a criminal charge, especially if it was a first-time occurrence and did not negatively impact the mission.