Legal Disclaimer: This article provides general legal information about the Uniform Code of Military Justice. It is not legal advice and does not create an attorney-client relationship. Every case involves unique facts and circumstances. If you are facing charges under the UCMJ, consult with a qualified military defense attorney immediately.
Both missing movement and AWOL involve a service member not being where they’re supposed to be. The critical difference is what they miss. Article 87 Missing Movement specifically addresses failing to deploy with a ship, aircraft, or unit. Article 86 Absence Without Leave covers being absent from any duty, formation, or appointed place. Missing movement is a specialized offense with serious implications for military readiness; AWOL is the general offense covering unauthorized absences.
The Movement Distinction
Article 87 Missing Movement requires:
Missing the departure of a ship, aircraft, or unit
With which the service member was required to move
Through design (intentional) or neglect
The focus is on failing to deploy when your unit moves out.
Article 86 AWOL covers:
Absence from unit, organization, or appointed place
Without authority
For any period of time
The focus is on being absent from where you’re supposed to be, regardless of whether a deployment is involved.
Why Missing Movement Is Separate
Missing movement deserves its own article because:
Operational impact. When units deploy, missing personnel create immediate capability gaps.
Irreversibility. Once a ship sails or aircraft departs, the missed movement can’t be easily corrected.
Mission compromise. Deployments often involve time-sensitive missions where absent personnel directly affect success.
Planning disruption. Units plan based on expected personnel; absences disrupt those plans.
Combat implications. Missing wartime movements can endanger others and compromise operations.
These concerns justify treating missing movement as categorically more serious than ordinary AWOL.
Article 87: Missing Movement Elements
Missing movement requires:
A movement of a ship, aircraft, or unit. The unit must actually be moving or deploying.
The accused was required to move with it. Orders or duty required the service member to deploy.
The accused missed the movement. They weren’t present when the movement occurred.
Through design or neglect.
Design: Intentional missing (knew about it and chose not to go)
Neglect: Missing through carelessness or failure to take proper precautions
The “design or neglect” element determines punishment severity.
Article 86: AWOL Elements
AWOL requires:
Absence from unit, organization, or place of duty. Not being where required.
The absence was without authority. No permission was given.
The accused knew of the requirement. Awareness of where they should be.
Various AWOL specifications exist:
Failure to go to appointed place of duty
Going from appointed place of duty
Absence from unit or organization
The offense scales with duration and circumstances.
Relationship Between the Offenses
Missing movement and AWOL are related but distinct:
Missing movement often involves AWOL. If you miss your ship’s departure because you didn’t return from leave on time, you’re both AWOL and missing movement.
AWOL doesn’t always involve missing movement. Being late to formation is AWOL but isn’t missing movement if no deployment is involved.
Missing movement can occur without prior AWOL. You might be present on base but miss the ship’s departure because you were in the wrong location.
Prosecutors can charge both offenses for the same incident if both elements are satisfied.
Typical Fact Patterns
Clear missing movement:
A service member’s ship is scheduled to deploy. They fail to return from leave in time and the ship sails without them. Missing movement through neglect (failed to ensure timely return).
A service member receives orders to deploy with their unit. They intentionally avoid the departure, hiding until the unit leaves. Missing movement through design (intentional avoidance).
An aircraft is departing for a mission. A crew member oversleeps and misses the departure. Missing movement through neglect.
Clear AWOL (not missing movement):
A service member doesn’t show up for Monday morning formation. They’re absent but no deployment was missed. AWOL, not missing movement.
A service member overstays leave by three days but returns before any unit movement. AWOL for the unauthorized absence, but no missing movement.
A service member leaves their duty station without permission for several hours. AWOL, but no movement was involved.
Both offenses:
A service member goes AWOL three days before a scheduled deployment. They’re still absent when the unit deploys. Both AWOL (unauthorized absence) and missing movement (failed to deploy with unit).
Punishment Comparison
Article 87 (Missing Movement):
Through design: dishonorable discharge, forfeiture of all pay and allowances, confinement for 2 years
Through neglect: bad-conduct discharge, forfeiture of all pay and allowances, confinement for 1 year
Article 86 (AWOL):
Failure to go/going from appointed place: confinement for 1 month, forfeiture of two-thirds pay for 1 month
Absence from unit (1-3 days): confinement for 1 month, forfeiture of two-thirds pay for 1 month
Absence from unit (3-30 days): confinement for 6 months, forfeiture of two-thirds pay for 6 months
Absence from unit (over 30 days): dishonorable discharge, forfeiture of all pay and allowances, confinement for 1 year
Absence with intent to avoid hazardous duty or shirk important service: dishonorable discharge, forfeiture of all pay and allowances, confinement for 5 years
Missing movement carries heavier punishment than ordinary AWOL, reflecting its greater operational impact.
Design vs Neglect
For missing movement, the mental state significantly affects punishment:
Design (intentional): The service member knew about the movement and deliberately missed it. Maximum 2 years confinement.
Neglect (careless): The service member didn’t intend to miss the movement but failed to take reasonable precautions. Maximum 1 year confinement.
This distinction acknowledges that deliberately avoiding deployment is worse than carelessly failing to make it.
Intent to Avoid Hazardous Duty
A special AWOL provision exists for absence intended to avoid hazardous duty or shirk important service:
Carries 5 years maximum confinement
Requires proof of specific intent to avoid the duty
Often charged when AWOL coincides with dangerous deployments
This provision bridges AWOL and missing movement by imposing severe punishment for absences designed to avoid combat or dangerous assignments.
Defenses
For missing movement:
The accused was present and didn’t miss the movement
The accused wasn’t required to move with the ship/aircraft/unit
Physical impossibility (couldn’t make it despite reasonable efforts)
Orders were unclear or the accused reasonably didn’t know about the movement
Emergency circumstances beyond control
For AWOL:
The absence was authorized
The accused didn’t know they were required to be present
Impossibility of return (stranded, medical emergency)
Mistaken orders or confusion about reporting requirements
The “Movement” Definition
What constitutes a “movement” for Article 87 purposes:
Ship movements. Vessels departing port, whether for training, deployment, or transfer.
Aircraft movements. Flights departing, whether routine or operational.
Unit movements. Ground units deploying, relocating, or moving to training exercises.
Routine daily travel generally isn’t a “movement.” The movement typically must be a scheduled departure of significance, not ordinary daily operations.
Practical Implications
For service members:
Know your unit’s schedule and upcoming movements
Return from leave with time to spare before deployments
Confirm your required presence for any movement
If problems arise, communicate immediately with your chain of command
For commands:
Ensure clear communication about movement schedules
Verify personnel accountability before movements
Document notifications given to service members
Address potential missing movement situations proactively
Recovery and Return
What happens after missing movement:
Reporting requirements. Service members should report to military authority as soon as possible.
Investigation. Commands investigate why the movement was missed.
Charging decisions. Prosecutors determine whether to charge missing movement, AWOL, or both.
Operational consequences. The member may be assigned to catch-up transportation or different duties.
Prompt return and cooperation generally result in better outcomes than extended absence.
Frequently Asked Questions
If I missed my flight because of a commercial airline delay, can I be charged with missing movement?
This raises the “neglect” question. If you booked travel with inadequate buffer time and a foreseeable delay caused you to miss the movement, that might be neglect. If you allowed reasonable time and an unforeseeable circumstance (weather emergency, major cancellation) prevented your arrival, you may have a defense based on impossibility. The key is whether you took reasonable precautions. Document everything: booking confirmations showing reasonable timing, evidence of the delay, your attempts to find alternatives, and your communications with your command about the situation. Commands generally distinguish between service members who planned poorly and those who faced genuine emergencies despite reasonable planning.
What’s the difference between missing movement and desertion?
Missing movement (Article 87) is failing to deploy with a ship, aircraft, or unit. Desertion (Article 85) is absence with intent to remain away permanently or to avoid hazardous duty. They address different concerns: missing movement focuses on the operational impact of not deploying; desertion focuses on abandoning military service entirely. Someone might miss movement without deserting (they intended to return but not to deploy). Someone might desert without missing a specific movement (they leave with intent to stay away permanently during a period with no scheduled deployments). The offenses can overlap when someone deliberately misses a deployment and intends to remain away permanently, but they’re conceptually distinct.
If my unit deployed while I was in the hospital, can I be charged with missing movement?
Generally no. Missing movement requires that you miss the movement through design or neglect. Being hospitalized isn’t design (intentional) or neglect (careless). It’s an inability to move due to circumstances beyond your control. However, the circumstances matter: if you were hospitalized for something self-inflicted to avoid deployment, that might be charged as missing movement through design. If you were hospitalized for a condition you should have reported earlier, questions might arise. But legitimate medical emergencies that prevent deployment aren’t missing movement. The military doesn’t expect you to deploy when medically unable. Ensure your command knows your status and have documentation of your hospitalization.