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Repercussions for Not Being at Your Place of Duty

Essay by   •  May 13, 2011  •  Research Paper  •  1,103 Words (5 Pages)  •  1,479 Views

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There are many important reasons that a soldier needs to be at his/her assigned place of duty at the appointed time. If a soldier does not show up to his/her appointed place of duty it can affect unit cohesion and mission completion. When I talk about unit cohesion, I am referring to the collective efforts of the group. A unit generally shares a common goal and should be motivated to coordinate their efforts as a team to achieve that goal. Now, if you have a soldier that does not show up to help complete that goal, that soldier has not only placed more work on his/her unit members, but has effectively let his or her unit down. This can cause a multitude of problems that may affect the overall completion of a mission. And the Army is all about putting the mission first.

Failure to be at your appointed place of duty can also result in an Article 86 Ð'- Absent without leave.

Article 86Ð'--Absence without leave

"Any member of the armed forces who, without authorityÐ'--

(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."

(1) Failure to go to appointed place of duty.

(a) That a certain authority appointed a certain time and place of duty for the accused;

(b) That the accused knew of that time and place; and

(c) That the accused, without authority, failed to go to the appointed place of duty at the time prescribed.

(2) Going from appointed place of duty.

(a) That a certain authority appointed a certain time and place of duty for the accused;

(b) That the accused knew of that time and place; and

(c) That the accused, without authority, went from the appointed place of duty after having reported at such place.

(3) Absence from unit, organization, or place of duty.

(a) That the accused absented himself or her-self from his or her unit, organization, or place of duty at which he or she was required to be;

(b) That the absence was without authority from anyone competent to give him or her leave; and

(c) That the absence was for a certain period of time. Note: if the absence was terminated by apprehension, add the following element

(d) That the absence was terminated by apprehension.

In general. This article is 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. It is not necessary that the person be absent entirely from military jurisdiction and control. The first part of this articleÐ'--relating to the appointed place of dutyÐ'--applies whether the place is appointed as a rendezvous for several or for one only.

(2) Actual knowledge. The offenses of failure to go to and going from appointed place of duty require proof that the accused actually knew of the appointed time and place of duty. The offense of absence from unit, organization, or place of duty with intent to avoid maneuvers or field exercises requires proof that the accused actually knew that the absence would occur during a part of a period of maneuvers or field exercises.

The maximum punishment for an Article 86 is:

(1) 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.

(2) Absence from unit, organization, or other place of duty. For not more than 3 days - confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

The penalties for disregarding your chain of command can also include punishment under the Uniformed Code of Military Justice. The article that I found to be most pertinent to this part of the essay was Article 91-Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.

infractions.

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