AWOL Protocol Worksheet
Field Briefing UCMJ Legal Studies
AWOL PROTOCOL & MILITARY LAW
Uniform Code of Military Justice: Article 86 vs. Article 85
Student / Cadet
Date
Period / Unit
Grade / Score
Statutory Definition & Origin
AWOL is an acronym for Absent Without Leave (pronounced "A-wol"). Dating back to the American Civil War, it describes an armed service member who leaves their appointed place of duty or unit without authorized leave, pass, or official permission. It is formally governed under the Uniform Code of Military Justice (UCMJ).
Three Tiers of Unauthorized Absence
Offense Tier
UCMJ Basis
Legal Elements & Criteria
Maximum Peacetime Penalty
Failure to Repair
Art. 86 (Para. 1)
Failing to report at appointed time/place (formation, duty watch, work detail).
Article 15 non-judicial punishment, extra duty, pay forfeiture (1 month).
Full AWOL
Art. 86 (Para. 2/3)
Absenting oneself from unit, post, or organization without authority; intent to return exists.
Court-martial, confinement up to 6-12 months, Bad Conduct Discharge.
Desertion
Art. 85
Unauthorized absence with intent to remain away permanently or avoid hazardous duty.
Dishonorable discharge, forfeiture of all pay, confinement for years (death in war).
Civilian Metaphor vs. Military Reality
In everyday slang, civilians often say someone or something has "gone AWOL" to describe a tardy coworker, a student missing class, or a misplaced set of keys. In military life, however, missing muster is a federal crime that undermines operational readiness and unit safety, triggering official apprehension warrants.
Part I: Comprehensive Check
1. Acronym Expansion
State the complete four-word phrase that forms the acronym AWOL:
2. The Crucial Legal Difference
What specific mental intent must prosecutors prove to convict a soldier of Desertion (Art. 85) instead of AWOL?
3. Governing Legal Code
What is the full title of the federal statutory legal framework (UCMJ) that governs military offenses?
4. Minor Absence Classification
What is the specific military term for being late or missing an appointed place of duty (e.g., PT formation)?
AWOL Protocol & Legal Study Briefing • UCMJ Articles 85 & 86 Page 1 of 2
Practical Application
PART II: CASE FILE TRIBUNAL REVIEW
Cadet / Student:
Investigative Instructions: Review each incident report below. Classify the offense as Failure to Repair, AWOL, or Desertion. Then provide concise legal reasoning citing duration, authorization, or demonstrated intent.
CASE FILE #86-A: Specialist Miller
Finding: [ ] Failure to Repair [ ] AWOL [ ] Desertion
Narrative: SPC Miller fails to report for 0600 physical training formation at Fort Liberty. At 0745, he arrives at the company area stating his personal car broke down off-post and his phone battery died. He did not notify the Charge of Quarters.
Legal Analysis & Evidence of Intent:
CASE FILE #86-B: Corporal Torres
Finding: [ ] Failure to Repair [ ] AWOL [ ] Desertion
Narrative: CPL Torres is granted authorized 72-hour pass. On day four, she fails to report back to base. For 14 days, command cannot locate her. On day 15, Torres walks into the base provost marshal office in uniform, stating personal family distress, and turns herself in.
Legal Analysis & Evidence of Intent:
CASE FILE #85-C: Private Dawson
Finding: [ ] Failure to Repair [ ] AWOL [ ] Desertion
Narrative: PVT Dawson receives operational deployment orders to a combat theater. 48 hours prior to flight departure, Dawson liquidates his personal property, leaves his TA-50 field gear by a dumpster, and boards an overseas flight with a one-way ticket to a non-extradition country.
Legal Analysis & Evidence of Intent:
Part III: Legal Jurisprudence & Ethical Reflection
1. Institutional Discipline: Why does military law criminalize unauthorized absence with court-martials and confinement rather than treating it like civilian employment termination?
2. Linguistic Comparison: How does civilian slang (e.g., saying a missing pen or absent friend "went AWOL") contrast with the real operational stakes in military service?
AWOL Protocol & Legal Study Briefing • UCMJ Articles 85 & 86 Page 2 of 2
