UCMJ Article 134 Straggling vs Article 86 AWOL: Falling Behind vs Being Absent
On this page: 5 sections
A soldier who drifts away from the platoon during a road march and rejoins at the end of the day has straggled; a soldier who never reports for the march can face failure to go to an appointed place of duty. Straggling is an Article 134 offense tied to moving with one’s organization on a march, maneuvers, or a similar exercise. Absence without leave under Article 86 covers every other case of a service member not being where required, through the member’s own fault.
Straggling under Article 134
The Manual for Courts-Martial lists straggling among the Article 134 offenses, with three elements (MCM, Part IV, ¶ 108.b):
- while accompanying the accused’s organization on a march, maneuvers, or similar exercise, the accused straggled;
- the straggling was wrongful; and
- under the circumstances, the conduct was prejudicial to good order and discipline, service discrediting, or both.
“‘Straggle’ means to wander away, to stray, to become separated from, or to lag or linger behind” (¶ 108.c). The offense assumes the accused set out with the organization.
Absence without leave under Article 86
Any member of the armed forces who, without authority … (1) fails to go to his appointed place of duty at the time prescribed; (2) goes from that place; or (3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 886 (Article 86).
The Manual describes Article 86 as “designed to cover every case not elsewhere provided for in which any member of the armed forces is through the member’s own fault not at the place where the member is required to be at a prescribed time” (¶ 10.c(1)). Points from its explanation (¶ 10.c):
- Knowledge. Failing to go to or going from an appointed place of duty requires proof that the accused actually knew the time and place.
- No specific intent is needed for basic unauthorized absence; certain aggravated forms add one, such as intent to abandon a guard or watch, or to avoid maneuvers or field exercises.
- Instantaneous offense. Absence under 86(3) is complete the moment it begins; its duration only affects the maximum punishment.
- Inability to return. Sickness or lack of transportation does not change the status of someone already absent without leave, though it can be considered in extenuation. A person on authorized leave who, without fault, cannot return on time has not committed the offense.
Missing the movement of a ship, aircraft, or unit through neglect or design is a separate offense, Article 87.
How the facts sort
| Straggling (Article 134) | Absence without leave (Article 86) | |
|---|---|---|
| Setting | While accompanying the organization on a march, maneuvers, or similar exercise | Any appointed place of duty, unit, or organization |
| Core conduct | Wandering off, becoming separated, or lagging behind | Failing to go, going from, or being absent without authority |
| Terminal element | Required | Not required |
| Mental element | The straggling must be wrongful | Actual knowledge of the appointed time and place for 86(1) and (2); no specific intent for basic absence |
| Aggravation | None listed | Duration, guard or watch, intent to abandon, intent to avoid maneuvers |
A Marine who falls out of a unit movement to rest, then decides to leave the exercise area altogether and return to the barracks, can raise both: the lagging behind raises straggling, and leaving the area with intent to avoid the rest of the exercise raises absence with intent to avoid maneuvers or field exercises under Article 86, which carries a bad-conduct discharge. Whether falling behind was wrongful or excused turns on why the accused fell behind, for instance because of an injury.
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 108.d and ¶ 10.d) |
|---|---|
| Straggling | Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months |
| Failing to go to, or going from, the appointed place of duty | Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month |
| Absence of not more than 3 days | Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month |
| Absence of more than 3 but not more than 30 days | Confinement for 6 months and forfeiture of two-thirds pay per month for 6 months |
| Absence of more than 30 days | Dishonorable discharge, forfeiture of all pay and allowances, 1 year |
| Absence of more than 30 days, terminated by apprehension | Dishonorable discharge, forfeiture of all pay and allowances, 18 months |
| Absence from guard or watch | Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months |
| Absence from guard or watch with intent to abandon | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
| Absence with intent to avoid maneuvers or field exercises | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
In computing duration, a continuous absence of up to 24 hours counts as 1 day, up to 48 hours as 2 days, and so on (¶ 10.c(9)). Where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial, other than in a capital case (10 U.S.C. § 853(b)(1)).
Sources
- 10 U.S.C. § 934, general article (Article 134)
- 10 U.S.C. § 886, absence without leave (Article 86)
- 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, ¶ 10 and ¶ 108.
Straggling and absence without leave are described for general information; no unit movement, absence, or accountability record is assessed. 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.