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An Introduction of The UCMJ Article 86

Article 86 provides for a military court if a member of the armed forces fails to arrive at his designated place of duty or is absent from the place of duty for which he must be present at the specified time.

Bilecki
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An Introduction of The UCMJ Article 86

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  1. An Introduction of The UCMJ Article 86

  2. At Bilecki Law Group, we work to protect our nation's heroes from injustice and unfair treatment. Have you been falsely accused of rape or sexual assault? We can help and guide you through the best defence steps. We often remind our clients of their rights under UCMJ Articles.

  3. Article 86 provides for a military court if a member of the armed forces fails to arrive at his designated place of duty or is absent from the place of duty for which he must be present at the specified time. The person will also be subject to the provisions of this article if they leave this place.

  4. When a member of the service is directed by some authority to a designated place of service at a certain time and the member knows the place and time, if the member does not show up at the appointed time, it becomes punishable under Article.

  5. Likewise, when a service member is required to arrive at a certain service location at a certain time and the member knows about the time and place, if the member leaves that location to another location, it would be an offence under UCMJ Article 86.

  6. It Is Important To Tell The Full Story Of An Authorized Absence

  7. For the application of the provisions of Article 86, it must be demonstrated that the defendant was in fact aware of the time and place  to be present. Even circumstantial evidence is enough to prove  knowledge. The specific intent of the member can be considered  a factor in some unauthorised absences leading to aggravating situations.

  8. Article 86(3) distinguishes between the aggravating circumstances of unexcused absence depending on the duration of the absence, the type and nature of the duties for which the defendant is absent, and the specific intent involved in the absence. For example, an unexcused absence of more than 3 days or by a caregiver, watchman, or special type of service would be considered an aggravated unexcused absence. 

  9. Absences due to illness, lack of transportation or other disabilities will also be considered unexcused absences. However, the "involuntary" factor in the unauthorised absence will be considered in favour of the accused when committing the original offence. Unauthorised absence in the circumstances listed in Article 86(3) is considered an offence immediately.

  10. For more details please visit our website. https://www.bileckilawgroup.com/

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