UCMJ Article 87
Missing Movement; Jumping from Vessel
Article 87 of the UCMJ states a service member is subject to prosecution if they, through neglect or design, miss the movement of a ship, aircraft, or unit with which the person is required in the course of duty. Missing movement is specified by:
- the accused was required in the course of duty to move with a ship, aircraft, or unit;
- the accused knew of the prospective movement of the ship, aircraft, or unit; and
- the accused missed the movement through design or neglect.
Article 87 also specifies military personnel are subject to prosecution by jumping from a vessel and into water through:
- the accused jumped from a vessel in use by the armed forces into the water; and
- such act by the accused was wrongful and intentional.
Understanding Article 87 (Missing Movement; Jumping from Vessel) of the UCMJ
In order to be convicted of a violation of Article 87, the prosecution must prove beyond a reasonable doubt the accused was absent during “a move, transfer, or shift of a ship, aircraft, or unit involving a substantial distance and period of time.” A minimum required distance or period of time are not specified in the article. The prosecution must also prove the accused was aware of the scheduled movement and purposely did not attend or failed to take appropriate measures to ensure their presence at the required time of departure.
Jumping from a vessel, also covered under Article 87, stipulates the accused jumped from any vessel operated by or under control of any branch of the armed forces. This offense may be committed at sea, at anchor, or in port however, proven suicide attempts are not included as a criminal offense under Article 87.
Maximum Possible Punishment for Violations of Article 87
Military service members convicted of an Article 87 violation face a maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and up to 2 years of forced confinement.
How do you defend against Article 87 Missing Movement; Jumping from Vessel charges?
When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 17 years of experience in military law and a sought-after speaker and lecturer on military law. In 2015 the firm recruited R. Davis Younts, a former prosecutor who was the number one rated Senior Defense Counsel in the Air Force and has taught at the Army and Air Force JAG Schools and successfully achieved acquittals in multiple rape, sexual assault, and sexual contact cases in courts-martial in multiple branches of the service. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding a wide variety of matters and a diverse background of clients.
If you or someone you know is facing Article 87 charges for Missing Movement; Jumping from Vessel, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.
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