UCMJ Article 85 Desertion vs Article 87 Missing Movement: When Absence Meets Operational Impact
On this page: 5 sections
Desertion under Article 85 is defined by intent: to remain away permanently, or to avoid hazardous duty or shirk important service. Missing movement under Article 87 is defined by an event: failing, through design or neglect, to move with a ship, aircraft, or unit one was required to move with. A service member can miss a movement without any intent to desert, and can desert without any movement being missed.
No fixed number of days turns an absence into desertion. The Manual for Courts-Martial states that proof of an unauthorized absence, “even of extended duration, does not, without more, prove guilt of desertion” (MCM, Part IV, ¶ 9.c(1)(c)(v)).
Article 85
(a) Any member of the armed forces who … (1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion.
Source: 10 U.S.C. § 885(a) (Article 85). Subsection (b) covers an officer who quits a post after tendering a resignation and before notice of its acceptance, intending to remain away permanently.
Proving intent to remain away permanently
The intent can form at any time during the absence and need not last for any set period (¶ 9.c(1)(c)(i)). It may be proved circumstantially. The Manual lists circumstances from which it may be inferred, including a lengthy absence, disposing of uniforms, buying a ticket to a distant place, failing to surrender when it was convenient, remarks about deserting, and financial preparations not to return. It also lists circumstances that may tend to negate it, such as long and excellent prior service, leaving valuable property behind, or being under the influence of alcohol or drugs during the absence (¶ 9.c(1)(c)(iii)).
Two further rules matter: administrative entries labeling someone a “deserter” “are not evidence of intent to desert” (¶ 9.c(1)(c)(iv)), and a prompt repentance and return, though material in extenuation, is no defense once the offense is complete (¶ 9.c(1)(a)). Article 85(a)(3) is not a separate offense but a rule of evidence from which intent may be inferred (¶ 9.c(1)(d)).
Hazardous duty and important service
This form may include duty in a combat or dangerous area, embarkation for foreign or sea duty, and similar service; drill, target practice, maneuvers, and practice marches are “not ordinarily” included. It is a question of fact, and the accused must have actually known of the duty or service (¶ 9.c(2)).
Article 87 in brief
Article 87(a) punishes a person who, “through neglect or design, misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move” (10 U.S.C. § 887(a)). The accused must have actually known of the prospective movement; design requires specific intent to miss it, and neglect is the failure to take appropriate measures to be present (MCM, Part IV, ¶ 11.c(1)).
How the facts sort
| Desertion (Article 85) | Missing movement (Article 87) | |
|---|---|---|
| Core element | Intent to remain away permanently, or to avoid hazardous duty or shirk important service | Missing a required movement |
| Mental state | Specific intent | Design or neglect |
| Movement required | No | Yes, of substantial distance and time |
| Duration of absence | Not an element; a lengthy absence is only one circumstance | Not an element |
| Wartime | Death may be adjudged | No wartime provision in the Manual's maximums |
For example, a sailor who oversleeps after a late night and misses the ship’s sailing, then reports to the base the same afternoon, raises missing movement through neglect and unauthorized absence, but nothing suggests an intent to remain away permanently. A soldier who, told the unit is deploying to a combat zone, leaves the installation the night before to avoid the deployment raises desertion with intent to avoid hazardous duty, and missing movement by design if the unit’s departure was missed. Intent is inferred from circumstances like those the Manual lists, which it calls “illustrative only” (¶ 9.c(1)(c)(iii)).
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 9.d and ¶ 11.d) |
|---|---|
| Desertion or attempted desertion, in time of war | Death or such other punishment as a court-martial may direct |
| Desertion or attempt with intent to avoid hazardous duty or shirk important service | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Other desertion or attempt, terminated by apprehension | Dishonorable discharge, forfeiture of all pay and allowances, 3 years |
| Other desertion or attempt, terminated otherwise | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
| Missing movement through design | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
| Missing movement through neglect | Bad-conduct discharge, forfeiture of all pay and allowances, 1 year |
The statute reserves death for desertion “committed in time of war”; at any other time, the punishment is “other than death” (10 U.S.C. § 885(c)). In a capital case, the members decide whether a death-eligible conviction results in death or life without eligibility for parole, or return the matter to the military judge (§ 853(c)(1)). Otherwise, where every finding of guilty is for an offense committed after December 27, 2023, the military judge sets the sentence in a general or special court-martial (§ 853(b)(1)).
Sources
- 10 U.S.C. § 885, desertion (Article 85)
- 10 U.S.C. § 887, missing movement; jumping from vessel (Article 87)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 9 and ¶ 11.
General legal information on Articles 85 and 87; it does not evaluate any absence, deployment, or intent. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.