The Uniform Code of Military Justice (UCMJ) includes a full range of performance and punitive articles covering disciplinary actions under circumstances unique to armed forces personnel in war zones. During times of deployment to overseas areas of hostilities, UCMJ articles 85 - 92 take on heightened visibility, as military commanders face increased expectations to oversee and control the actions of personnel under their command.
Uniform Code of Military Justice Performance Offenses (UCMJ Punitive Articles)
UCMJ Punitive Article 85 — Desertion
Desertion is the most severe of the absence offense and occurs in two common forms. The first form is deserting your unit before reporting to hazardous duty or other important service. The second is deserting with the intent to remain away permanently. Desertion in time of war is punishable by death.
UCMJ Punitive Article 86 — UA/AWOL
Unauthorized Absence (UA) or Absence With Out Leave (AWOL) occurs when, without permission, you leave or remain absent from your unit, organization or place of duty. The length of absence ends when you return to military control and the length of your absence is a matter of aggravation. The severity of the charge can vary depending on factors surrounding your absence, such as whether the absence was longer than 30 days, or whether the absence was terminated by apprehension. AWOL consists of three separate charges with which you may be faced: (1) AWOL; (2) failing to go to place of duty, also known as failing to appear, occurs when you are appointed to a specific place and given a specific time to show and you fail to appear; and/or (3) leaving place of duty occurs when, without permission, you leave your place of duty.
Punitive Article 87 — Missing Movement
The offense of missing movement occurs when, without permission, you miss a ship, aircraft, or other unit movement by neglect or design.
As a law firm, attorneys at Swift & McDonald, P.S., in Seattle, Washington, recognize that these events can happen due to necessity, duress, mistake, civilian detention, moral grounds, and many other reasons. If you (or a loved one) find yourself in this situation, we can help. Often a service member wants to resolve this situation but does not know what to do, what to say, or how to report to his unit. The attorneys of Swift & McDonald cannot guarantee an outcome. What we can guarantee is that we will listen to the explanation for your absence. We will assist you in returning to your unit to resolve the charges against you. We will work tirelessly on your behalf to negotiate an agreement with the military that allows you to resume your life as either a military service member or civilian, without the unauthorized absence hanging over your head.
Article 88, contempt toward officials: Any commissioned officer who uses contemptuous words against the President, the Vice-President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any state, territory, commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
Article 89, disrespect toward superior commissioned officer: Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
Article 90, assault or willfully disobeying superior commissioned officer: Any person subject to this chapter who (1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or (2) willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.
Article 91, insubordinate conduct toward warrant officer, noncommissioned officer or petty officer: Any warrant officer or enlisted member who (1) strikes or assaults a warrant officer, noncommissioned officer or petty officer, while that officer is in the execution of his office; (2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer; or (3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer or petty officer, while that officer is in the execution of his office; shall be punished as a court-martial may direct.
Article 92, failure to obey order or regulation: Any person subject to this chapter who (1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.
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Learn more about the military disciplinary administrative process. From offices in Seattle, the firm represents clients in civilian criminal matters and military family law matters throughout Washington State. Mr. Swift represents clients in military law matters at U.S. bases around the world. Contact the law firm of Swift & McDonald, P.S., to arrange a free initial consultation with an experienced military theft offenses attorney today.
