(4) From guard or watch with intent to abandon. Unauthorized absence for more than 30 days duration. Pre-trial Procedure. 836 36 VIII. „h¤x `„hgd so 8* V* ¾* + ‰+ Ì+ Ú+ Û+ 9, :, Õ, - "- #- 3. What are the Probable Punishments for AWOL and Desertion? (a) That the accused absented himself or herself from his or her unit, organization, or place of duty at which he or she was required to be; (b) That the absence of the accused was without authority; (c) That the absence was for a certain period of time; (d) That the accused knew that the absence would occur during a part of a period of maneuvers or field exercises; and (e) That the accused intended to avoid all or part of a period of maneuvers or field exercises. If a member is released by the civilian authorities without trial, and was on authorized leave at the time of arrest or detention, the member may be found guilty of unauthorized absence only if it is proved that the member actually committed the offense for which detained, thus establishing that the absence was the result of the member's own misconduct. (2) Actual knowledge. (d) Apprehension by civilian authorities at the request of the military. (3) Intent. f. Sample specifications. (2) Going from the appointed place of duty. Duration of the absence is a matter in aggravation for the purpose of increasing the maximum punishment authorized for the offense. How You Can Help Find Military Members Who Are AWOL Or Deserters. "/ $/ ;/ Í/ It is complete at the instant an accused absents himself or herself without authority. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month. Text. Unauthorized absence from guard, watch, or duty section with intent to abandon it (special type of duty and specific intent). Such a surrender terminates the unauthorized absence. 8! " UCMJ Article 110 – Improper Hazarding of Vessel or Aircraft, UCMJ Article 111 – Leaving Scene of Vehicle Accident, UCMJ Article 112 – Drunkenness and Other Incapacitation Offenses, UCMJ Article 112a – Wrongful Use, Possession of Controlled Substances, UCMJ Article 113 – Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel, UCMJ Article 116 – Riot or Breach of Peace, UCMJ Article 117 – Provoking Speeches or Gestures, UCMJ Article 119a – Death or Injury of an Unborn Child, UCMJ Article 120 – Rape and Sexual Assault Generally, UCMJ Article 120a – Mails: Deposit of Obscene Matter, UCMJ Article 120b – Rape and Sexual Assault of a Child, UCMJ Article 120c – Other Sexual Misconduct, UCMJ Article 121 – Larceny and Wrongful Appropriation, UCMJ Article 121a – Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices, UCMJ Article 121b – False Pretenses to Obtain Services, UCMJ Article 122a – Receiving Stolen Property, UCMJ Article 123 – Offenses Concerning Government Computers, UCMJ Article 123a – Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds, UCMJ Article 124 – Fraud Against the United States, UCMJ Article 126 – Arson; Burning with Intent to Defraud, UCMJ Article 129 – Burglary; Unlawful Entry, UCMJ Article 131a – Subornation of Perjury, UCMJ Article 131c – Misprision of Serious Offense, UCMJ Article 131d – Wrongful Refusal to Testify, UCMJ Article 131e – Prevention of Authorized Seizure of Property, UCMJ Article 131f – Noncompliance with Procedural Rules, UCMJ Article 131g – Wrongful Interference with Adverse Administrative Proceeding, UCMJ Article 133 – Conduct Unbecoming an Officer and a Gentlemen, UCMJ Article 134 – Adultery (General Article), UCMJ Article 134 – Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds, UCMJ Article 134 – Debt, Dishonorably Failing to Pay, UCMJ Article 134 – Disorderly Conduct, Drunkenness, UCMJ Article 134 – Firearm, Discharging Through Negligence, UCMJ Article 134 – Gambling with Subordinate, UCMJ Article 134 – Pandering and Prostitution, UCMJ Article 134 – Self Injury, Without Intent to Avoid Service. Sentences. „h¤x `„hgd so 3 (4) Abandoning watch or guard. (1) In general: This article is designed to cover every case not elsewhere provided for in which any member of the armed forces is—through the members' own fault—not at the place where the member is required to be at a prescribed time. gtag('event', 'conversion', { hÃ/ 0J j hÃ/ 0J UhOõ j hOõ UhAÚ h so NH aJ (5) With intent to avoid maneuvers or field exercises. (11) Findings of more than one absence under one specification. (3) From guard or watch. PUNITIVE ARTICLES; Section 886. The offense of absence from the unit, organization, or place of duty with intent to avoid maneuvers or field exercises requires proof that the accused actually knew that the absence would occur during a part of a period of maneuvers or field exercises. However, if the unauthorized absence is considered aggravated, specific intent may be a required element the Government will need to prove beyond a reasonable doubt. (c) Unauthorized absence from a guard, watch, or duty (special type of duty). 815 15 IV. function gtag_report_conversion(url) { Specific intent is an element for certain aggravated unauthorized absences. A person on temporary additional duty continues as a member of the regularly assigned unit and if the person is absent from the temporary duty assignment, the person becomes absent without leave from both units, and may be charged with being absent without leave from either unit. (3) Absence from unit, organization, or place of duty. Stocktrek Images/Stocktrek Images/Getty Images. (a) That the accused absented himself or herself from his or her unit, organization, or place of duty at which he or she was required to be; (b) That the absence was without authority from anyone competent to give him or her leave; and (c) That the absence was for a certain period of time. But the fact that all or part of a period of unauthorized absence was in a sense enforced or involuntary is a factor in extenuation and should be given due weight when considering the initial disposition of the offense. [Note: if the absence was terminated by apprehension, add the following element] (d) That the absence was terminated by apprehension. (b) Apprehension by military authority. The UCMJ is a federal law, enacted by Congress. In that (personal jurisdiction data), did, on or about 20 , without authority and with intent to avoid (maneuvers) (field exercises), absent himself/herself from his/her (unit) (organization) (place of duty at which he/she was required to be), to wit: located at ( ), and did remain so absent until on or about 20 . For example, a service member may be charged under this Article if they choose to remain in their quarters without permission on a military post when their assigned unit is in the field conducting training on that same post. Source: Manual for Court Martial, 2002, Chapter 4, Paragraph 10. (a) That the accused was a member of a guard, watch, or duty; (b) That the accused absented themself from their guard, watch, or duty section; (c) That absence of the accused was without authority; and Note: If the absence was with the intent to abandon the accused's guard, watch, or duty section, add the following element: (d) That the accused intended to abandon their guard, watch, or duty section. In computing the duration of an unauthorized absence, any one continuous period of absence found that totals not more than 24 hours is counted as 1 day; any such period that totals more than 24 hours and not more than 48 hours is counted as 2 days, and so on. Z � ; È ' ¯ ä A ¡ Ü ô ï ï ï ô ô ô ô ï ï ô ô ô ô ô ô ô ô ô ô ô ô ô ô ô ô ô gd so
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