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Art. 84. Unlawful Enlistment, Appointment, or
Separation
Any person subject to this code who effects
an enlistment or appointment in or a separation
from the armed forces of any person who is
known to him to be ineligible for that enlistment,
appointment, or separation because it is pro-
hibited by law, regulation, or order shall be
punished as a court-martial may direct.
Art. 85. Desertion
This article states that members of the armed
forces who, without permission, leave their place
of duty or organization with the intent to remain
away permanently are guilty of desertion.
The status of an absentee changes to that of
a deserter after 30 days of absence, or sooner if
the intent to desert is apparent. For example,
suppose a Navy member goes ashore without
permission, taking all personal belongings and
announcing to shipmates that he or she is leaving
the service for good. That person could be
immediately declared a deserter.
After an individual is declared a deserter,
notification is forwarded to the next of kin;
the deserter’s hometown police; and various
other law enforcement agencies, including the
FBI. Deserters are nearly always caught and
identified because of nationwide fingerprinting
and identification practices. Furthermore, ex-
penses incurred in the return of the deserter to
military control are chargeable to the returned
absentee.
The effects of desertion can be many; some
can be severe. If tried and convicted of desertion,
the deserter is almost certainly imprisoned; in time
of war, the deserter may be executed. A person
whose conviction of desertion in time of war
results in a dishonorable discharge can never hold
any office of trust or profit in the United States
government.
Art. 86. Absence Without Leave
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 re-
quired to be at the time prescribed;
shall be punished as a court-martial may
direct.
This article covers every case not provided for
in the other punitive articles in which an armed
forces member, through that member’s own fault,
is not in a required location at a specified time.
As opposed to desertion, whether or not the
member intended to remain away makes no
difference. The intent is expressed by the
member’s absence.
Make sure you avoid the bad habit of taking
the last bus, train, or plane when returning from
leave. Always allow time for unexpected delays.
Art. 87. Missing Movement
Any person subject to this code who
through neglect or design misses the move-
ment of a ship, aircraft, or unit with which
he is required in the course of duty to move
shall be punished as a court-martial may
direct.
Provisions of article 87 should be self-
explanatory. However, note that the violator, to
be found guilty, need not have known the exact
hour or even the exact date of the scheduled move-
ment. If a person had knowledge of only the
approximate date, the court may convict the
absentee on the charge of missing movement.
Missing ship is a serious offense to the Navy. It
leaves the ship shorthanded and requires
somebody to do the absentee’s work and stand
the absentee’s watches.
Art. 88. Contempt Toward Officials
Any commissioned officer who uses
contemptuous words against the President,
the Vice President, Congress, the Secretary
of Defense, the Secretary of a military
department, the Secretary of the Treasury,
or the Governor or legislature of any State,
Territory, Commonwealth, or possession
in which he is on duty or present shall be
punished as a court-martial may direct.
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