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UCMJ Article 87: Missing Movement And Correctional Custody Offenses

At Bilecki Law Group, we defend service members against charges related to missing movement and correctional custody offenses under Article 87 of the UCMJ.

What Is Article 87 Of The UCMJ?

Article 87 of the UCMJ covers a range of offenses related to missing movements and a series of offenses related to correctional custody such as resisting apprehension, fleeing apprehension, and escape from custody. Article 87 also addresses a breach of restriction, such as restricting one’s presence to base or barracks.

In many ways, you almost have two completely unique sets of charges that are aggregated under Article 87. First you have missing movement or jumping from a ship which essentially involves you unit was heading somewhere that you didn’t want to be, so you took off.

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 Article 87? Contact Us Request a Case Evaluation

What Can I Be Charged With Under Article 87 Of the UCMJ?

Because Article 87 covers such a wide array of 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

    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.

Jumping From Vessel Into Water

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

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 

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

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

For a service member to be found guilty, the prosecution must satisfy the following three 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 Confinement (Pretrial and Post-Trial Confinement) 

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.

Escape From Correctional Custody

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.

Breach of Correctional Custody

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

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.

Facing an Allegation?
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Timothy James Bilecki

Military law attorney

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How To Fight Back And Beat Charges Under Article 87?

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 Article 87 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 other BS charge the prosecution wants to throw in because he knows you found the blow in the CO’s desk to begin with. 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 Article 87 you need to gear up for a fight. You need to fight like hell and get us into this fight. Article 87 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 Article 87 : Correctional Custody

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