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UCMJ Article 86 questions

23 answers, newest first

  1. What is the statute of limitations for prosecuting AWOL under Article 86?
  2. What is the impact of a 24-hour unauthorized absence on a service member’s record under Article 86?
  3. What is the difference between UA in the Navy/Marine Corps and AWOL under Article 86?
  4. What evidence is commonly used to establish unauthorized absence in Article 86 cases?
  5. Is intent to return ever relevant in an Article 86 case?
  6. Is attempted violation of Article 86 (AWOL) chargeable when the member prepares to leave but is stopped?
  7. How is “present for duty” status defined in Article 86 cases involving timekeeping disputes?
  8. How does the duration of absence affect the severity of punishment under Article 86?
  9. How does Article 86 apply to service members in student training pipelines?
  10. Does voluntary return affect culpability in an Article 86 case?
  11. Can prior AWOL incidents be introduced as evidence in a new Article 86 trial?
  12. Can misunderstanding reporting instructions serve as a valid defense in an Article 86 case?
  13. Can mistaken belief about end of contract date serve as a defense in an Article 86 case?
  14. Can misconduct that occurred during an authorized absence be prosecuted under Article 86?
  15. Can delays due to substance use be distinguished from intentional AWOL under Article 86?
  16. Can Article 86 be charged concurrently with Article 92 for failure to obey orders?
  17. Can a transportation delay be used as a defense in an Article 86 prosecution?
  18. Can a service member receive nonjudicial punishment and later face Article 86 charges for the same absence?
  19. Can a service member be charged under Article 86 for missing a specific formation or duty period?
  20. Can a member be charged under both Article 86 and Article 87 for the same incident?
  21. Are time zone differences considered in calculating timeliness of Article 86 violations?
  22. Are service members in travel status between assignments protected from Article 86 charges?
  23. Are military members on leave subject to Article 86 if they fail to return on time?