At Bilecki Law Group, we defend service members against missing movement charges under Article 87, resistance and escape charges under Article 87a, and correctional custody and restriction charges under Article 87b.
What Do Articles 87, 87a, And 87b Of The UCMJ Cover?
Article 87 covers missing movement and wrongful, intentional jumping from a vessel into the water. Article 87a covers resistance or flight from apprehension, breaking arrest, and escape from custody or confinement. Article 87b separately covers escape from correctional custody, breach of correctional custody, and breach of restriction.
These are separate articles with different elements and punishments. Missing movement does not have the same requirements as jumping from a vessel, and escape from physical restraint is different from crossing the limits of a restriction.
Then, you have the correctional custody offenses which means the military justice system was already trying to lay its hands on you and you made it difficult for them in one manner or another. Regardless of the charge, you need to take these accusations seriously as only the breach of restriction charge holds off on giving you a punitive discharge as a max punishment and effectively ending your career.
A conviction could kill your military career outright and leave you behind bars. Fight back! Charged With a Crime Under UCMJ Articles 87, 87a, Or 87b? Contact Us Request a Case Evaluation
What Can I Be Charged With Under Articles 87, 87a, And 87b?
Because these three articles cover several different charges, we’re going to lay them out one by one and show you what the prosecution must prove to convict. We’ll also show you the max punishment you could be facing. To make it simple, we’ll take it straight from the UCMJ and then offer some advice on what you can do to fight back when it’s all over.
- Missing Movement: Article 87(a)
For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That the accused was required in the course of duty to move with a (ship) (aircraft) (unit), to wit: (state the ship, aircraft, or unit alleged)
(2) That the accused knew of the prospective movement of the (ship) (aircraft) (unit)
(3) That (state the time and place alleged), the accused missed the movement of the (aircraft) (unit) (ship) through (design) (neglect).
Maximum Punishment: Missing through design comes with a dishonorable discharge, total forfeiture of all pay and allowances, 2 years confinement and reduction in rank to E-1.
Missing movement through neglect instead carries a bad-conduct discharge, forfeiture of all pay and allowances, and one year of confinement.
Jumping From Vessel Into Water: Article 87(b)
For a service member to be found guilty, the prosecution must satisfy the following two elements:
(1) That (state the time and place alleged), the accused jumped from (state the name or description of the vessel), a vessel in use by the armed forces, into the water
(2) That such act by the accused was wrongful and intentional.
Maximum Punishment: Bad conduct discharge, total forfeiture of all pay and allowances, 6 months confinement and reduction in rank to E-1.
Resisting Apprehension: Article 87a
For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That (state the time and place alleged), (state the name and status of the person alleged to be apprehending) attempted to apprehend the accused;
(2) That (state the name and status of the person alleged to be apprehending) was authorized to apprehend the accused; and
(3) That the accused actively resisted the apprehension.
Maximum Punishment: Bad conduct discharge, total forfeiture of all pay and allowances, 1-year confinement and reduction in rank to E-1
Fleeing Apprehension: Article 87a
For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That (state the time and place alleged), (state the name and status of the person alleged to be apprehending) attempted to apprehend the accused;
(2) That (state the name and status of the person alleged to be apprehending) was authorized to apprehend the accused
(3) That the accused fled from the apprehension.
Maximum Punishment: Bad conduct discharge, total forfeiture of all pay and allowances, 1-year confinement and reduction in rank to E-1.
Breaking Arrest: Article 87a
For a service member to be found guilty, the prosecution must satisfy the following four elements:
(1) That (state the name and status of the person ordering the accused into arrest) ordered the accused into arrest (in quarters) (in his/her company area)
(2) That (state the name and status of the person ordering the accused into arrest) was authorized to order the accused into arrest
(3) That (state the time and place alleged), the accused went beyond the limits of arrest before being released from that arrest by proper authority
[(4)] That the accused knew of (his) (her) arrest and its limits.
Maximum Punishment: Bad conduct discharge, total forfeiture of all pay and allowances, 6 months confinement and reduction in rank to E-1.
Escape From Custody: Article 87a
For a service member to be convicted of escape from custody under Article 87a, the government must prove three elements:
(1) A person apprehended the accused.
(2) That person was authorized to apprehend the accused.
(3) The accused freed himself or herself from custody before being released by proper authority.
Maximum Punishment: Dishonorable discharge, forfeiture of all pay and allowances, one year of confinement, and reduction to E-1.
Escape From Confinement (Pretrial and Post-Trial Confinement): Article 87a
For a service member to be found guilty, the prosecution must satisfy the following three elements, with a fourth when applicable for post-trial confinement:
(1) That the accused was placed in confinement in (state the place of confinement) by order of (state the name and status of the person ordering the accused into confinement)
(2) That (state the name and status of the person ordering the accused into confinement) was authorized to order the accused into confinement.
(3) That (state the time and place alleged), the accused freed (himself) (herself) from confinement before being released by proper authority.
[(4)] That the confinement was the result of a court-martial conviction.
Maximum Punishment: Pretrial comes with a dishonorable discharge, total forfeiture of all pay and allowances, 1 year confinement and reduction in rank to E-1.
Post-trial comes with a dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
Breach Of Correctional Custody: Article 87b(b)
For a service member to be found guilty, the prosecution must satisfy the following four elements:
(1) That (state the name of the person who placed the accused in correctional custody) placed the accused in correctional custody;
(2) That (state the name of the person who placed the accused in correctional custody) was authorized to place the accused in correctional custody;
(3) That, while in such correctional custody, the accused was restrained by (state the manner of restraint alleged); and
(4) That (state the time and place alleged), the accused went beyond the limits of the restraint imposed before having been (released from the correctional custody) (relieved of the restraint) by proper authority.
Maximum Punishment: Bad conduct discharge, total forfeiture of all pay and allowances, 6 months confinement and reduction in rank to E-1.
Escape From Correctional Custody: Article 87b(a)
For a service member to be found guilty, the prosecution must satisfy the following four elements:
(1) That (state the name of the person who placed the accused in correctional custody) placed the accused in correctional custody;
(2) That (state the name of the person who placed the accused in correctional custody) was authorized to place the accused in correctional custody;
(3) That, while in such correctional custody, the accused was under physical restraint; and
(4) That (state the time and place alleged), the accused freed (himself) (herself) from the physical restraint of this correctional custody before being released therefrom by proper authority.
Maximum Punishment: Dishonorable discharge, total forfeiture of all pay and allowances, 1 year confinement and reduction in rank to E-1.
Breach of Restriction: Article 87b(c)
For a service member to be found guilty, the prosecution must satisfy the following four elements:
(1) That (state the name to the person who ordered restriction) ordered the accused to be restricted to the limits of (state the limits of the restriction alleged);
(2) That (state the name to the person who ordered restriction) was authorized to order this restriction;
(3) That the accused knew of the restriction and the limits thereof; and
(4) That (state the time and place alleged), the accused went beyond the limits of the restriction before being released therefrom by proper authority.
Maximum Punishment: 2/3 forfeiture of pay for 1 month, 1 month confinement and reduction in rank to E-1.
Sentencing Guidelines
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must sentence within the applicable confinement range unless specific facts justify a departure. If the judge departs, the record must contain a written statement explaining the factual basis. These ranges do not replace the lawful maximum punishment for the offense or the court-martial’s jurisdictional limits. For offenses assigned sentencing criteria instead of a category, the judge must consider those criteria.
The punishment summaries describe the current offense limits for enlisted members; earlier conduct must be assessed under the law applicable on its date. Reduction to E-1 applies to enlisted members. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets, and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members. Court-martial jurisdiction and any plea agreement can further limit the sentence.
The table below covers Article 87b: escape from physical correctional custody has a one-year maximum, breach of correctional custody six months, and breach of restriction one month. Each is Category 1, subject to its lower maximum. For the other offenses discussed above, Article 87 missing movement through design is Category 2 capped at twenty-four months; missing movement through neglect and jumping from a vessel are Category 1, capped at twelve and six months respectively. Article 87a post-trial escape is Category 2; its other offenses are Category 1, with breaking arrest capped at six months.
Offenses Under
This Article
Offense Category
Category Confinement Range (Months)
Offenses against correctional custody and restriction (Escape from correctional custody)
Category 1
0-12
Offenses against correctional custody and restriction (Breach of correctional custody)
Category 1
0-12
Offenses against correctional custody and restriction (Breach of restriction)
Category 1
0-12
Facing an Allegation?
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How To Fight Back And Beat Charges Under Article 87b?
As you can see, every charge except for breach of restriction has the ability to end your career. Please don’t make the mistake of assuming the prosecution won’t go for the max punishment. By the time you find out you were wrong, it’s too late. You have to remember that the military justice system exists for the purpose of maintaining military order and discipline. For that to work, they have to make an example out of someone and if they think you won’t put up a fight, they will make that example out of you.
You also have to remember that many of these charges indicate that the military justice system already had you in their sights. That means other charges are likely involved and beating Articles 87, 87a, and 87b charges, at the very least, could mean reducing your punishment.
If you were caught passed out drunk on the Company Commander’s desk with a line of blow and a hooker, you’re going to be in trouble. However, we can at least push back and indicate that you didn’t resist, flee, or any additional charge the evidence does not support. The point is, you fight the prosecution at every turn or they will roll over you.
An Aggressive Offense Is The Best Defense Against The UCMJ
At Bilecki Law Group, we take the fight right to the heart of the military justice system. We know the prosecution wants an easy win and the last thing they want is a fight. So, that’s exactly what we give them. We do our own investigation, and we will shred their witnesses to the ground upon cross examination. Our career in the military is long over, so we have no reservations about rocking the boat. That’s something that a free JAG defense attorney worried about his own career can’t always say.
If you are facing these charges, you are likely looking at additional charges and we encourage you to reach out to us. We’ll always shoot you straight on exactly what you are facing and we’ll start right now. Look, if the ONLY charge you are facing is breach of restriction and you know you did it, you don’t need us. Now, if you didn’t do it and you want to fight like hell to prove it, then we’re your guy. However, if you are a Lance Corporal out of Camp Pendleton and you got caught breaking restriction to meet up with a girl, we say welcome back to the rank of Private, hopefully it was a good night and carry on with your career because Chesty Puller would be proud.
However, for anything else under Articles 87, 87a, and 87b you need to gear up for a fight. You need to fight like hell and get us into this fight. Articles 87, 87a, and 87b charges can compound your punishment like you wouldn’t believe and again, if they think you will lay down they will use you as their public example. Give us a call, shoot us a message and let’s talk about what you are facing today.
Bilecki Law Group will help you fight back against charges under Articles 87, 87a, and 87b.