UCMJ Failure to Report

Military Counsel for UCMJ Failure to Report, AWOL, Missing Movement, and Desertion

UCMJ Article Failure to Report

Failure to Report UCMJ

Under the Uniform Code of Military Justice (UCMJ), failing to report for duty in the military will get you more than just a slap on the wrist. There are serious repercussions for UCMJ failure to report, ranging from confinement to even the death penalty in some cases.

There are three types of offenses that fall under the category of UCMJ failure to report. These are:

  • AWOL,
  • missing movement, and
  • desertion.

If you’ve been accused of any of these crimes, you need military defense attorney, Aden Wilkie, the Devil Dog Defender.

If you’ve been notified that you are pending a Court-Martial for UCMJ failure to report, contact The Wilkie Law Firm at 910-333-9626 as soon as possible. Located in Jacksonville, Wilkie serves the entire state of North Carolina as well as its surrounding states. He is also able to service any military installation located in the United States, but travel fees will apply.

What Are The Consequences For UCMJ Failure To Report?

The consequences of failure to report depend on which category you fall under. We’ll get into the specifics of those later. 

Punishments ultimately depend on the severity of the offense. In AWOL cases, punishment often results in loss of pay and confinement. Being AWOL for three days or less can bring a maximum of one month of confinement and two-thirds docked pay for a month. If you were AWOL for more than 30 days, your punishment may be an dishonorable discharge, loss of all further pay and allowances, and up to a year in confinement.

A missing movement charge can carry 1-2 years confinement, bad-conduct or dishonorable discharge, and the forfeiture of pay.

Desertion is the most serious offense in failing to report. Punishment for this may carry a maximum of five years confinement, dishonorable discharge, and loss of all pay. If the desertion occurred during a time of war, the punishment may go as far as the death penalty. 

All punishment and consequences for failing to report is left up to the discretion of the court-martial.

Gone AWOL : Absence Without Official Leave

What is Going AWOL?

A military service member is considered AWOL for a few different reasons. In short, whenever a service member fails to go to his or her appointed place, willingly leaves without permission, or is absent from his or her place of duty, they are said to have gone AWOL. 

Article 86

According to the Manual for Courts-Martial, the following reasons will result in a service member being AWOL:

  • Service member was appointed a certain time and place of duty
  • Service member was made aware of the appointed time and place
  • Without motion from authority, service member failed to report to the appointed place of duty at the designated time

  • Service member was appointed a certain time and place of duty
  • Service member was made aware of the appointed time and place
  • Without motion from authority, service member left the appointed place after reporting for duty
  • Service member was absent from an appointed place of duty, organization, or unit
  • Absence of service member was without motion from authority
  • Absence of service member occurred for a certain duration of time 

If the service member was intentionally absent to avoid an activity, the following applies:

  • Service member knew the absence would occur during field exercises, maneuvers, or other mandatory activities
  • Service member intended to avoid either all or part of these activities
  • Service member was appointed watch, guard, or duty
  • Service member left their appointed station
  • Absence of service member was without motion from authority
  • Service member intentionally abandoned their post

Absent Without Leave Punishment

Service members can expect a serious punishment for going AWOL. The ramifications for someone who’s gone AWOL have the potential to haunt someone who falls under the UCMJ failure to report umbrella. The harshest AWOL penalty is jail time. The most common AWOL penalty is discharge from the military

How to Find Out if Someone is AWOL

A military warrant doesn’t always show on an employment background check. However, after 30 days, a more serious charge, desertion, will show. This also comes with harsher punishments. 

If there is a deserter warrant out for your arrest, even if your AWOL status doesn’t show up on a background check, that does not mean that you’re in the clear, whatsoever. The longer you remain AWOL, once caught, the worse the punishment will be. Get civilian counsel for any AWOL or desertion offenses as quickly as you can. Time is not on your side for these types of cases. 

UCMJ Missing Movement

A missing movement UCMJ charge, otherwise known as and Article 87, is when a service member, either by negligence or intent, misses their ship, aircraft, or unit. This does not apply if he or she missed the movement for situations beyond their immediate control.

The elements that make up a missing movement charge include:

  • Service member was mandated to move with a ship, aircraft, or unit
  • Service member was aware of the planned movement
  • Service member missed the movement of the ship, aircraft, or unit
  • The missed movement was done by negligence or intent

When a service member intentionally misses their ship, aircraft, or unit, it could result in a missing movement charge.

If this was an intentional act, the punishment may be:

  • Dishonorable discharge
  • Pay forfeiture
  • Confinement for 2 years

If this was an unintentional act, the punishment may be:

  • Bad conduct discharge
  • Pay forfeiture
  • Confinement for 1 year

Desertion UCMJ

Desertion, or Article 85, occurs when a service member intends to leave their place of duty permanently. Being AWOL for 30 days or more is considered desertion. As stated by the Manual, the following scenarios involve types of desertion:

  • Service member abandoned place of duty, organization, or unit
  • The absence was without motion from authority
  • Service member intended to remain apart from the place of duty, organization, or unit
  • He or she remained absent until an alleged date
  • Service member quit their place of duty, organization, or unit
  • Service member did so with the knowledge that the service or duty was required
  • The accused did so with willful intent to avoid a certain service or duty
  • The service or duty was important or potentially hazardous
  • He or she remained absent until an alleged date
  • Service member was a commissioned officer and presented their resignation
  • The accused quit their duties before a notice of acceptance of resignation
  • He or she did so with the intent to permanently stay away
  • He or she remained absent until an alleged date

UCMJ Punishment for Desertion

Failing to report for duty in these instances is a military crime. Punishments vary on each circumstance and the discretion of the court-martial.

UCMJ Failure to Report and AWOL Counsel

If you’ve been charged with UCMJ failure to report, you need The Wilkie Law Firm to represent you. We provide aggressive defense for military service members. With years of experience specializing in military defense, Aden Wilkie offers aggressive court representation. Located in Jacksonville, NC, Wilkie services armed forces at Camp Lejeune and Fort Bragg as well as other bases, camps, stations, and posts in the USA. You can give him a call at 910-333-9626 or fill out our online contact form for a free consultation.