Legal Question in Military Law in Arizona

Re: Misconduct (Commision Of A Serious Offense)

In the military when you are late no one cares about excuses. It is a strict liability issue. You had the duty to be back at a certain time. You were not back. You disobeyed the order.

If you were wise you would probably talk to a JAG officer and see if there is a viable defense. However, my guess is that you'll be counseled to take the Article 15 if that's what is offered by command.

Good luck.

Re: Misconduct (Commision Of A Serious Offense)

Because you state "Commission of a Serious Offense," I assume they are trying to administratively separate you for this. The actual charge should have been for Article 86, UA. Because someone always has to order you to return, every UA is always an orders violation, but you have to charge it as a UA, or there wouldn't be this Article in the UCMJ. If correctly charged as a UA under Article 86, your one hour absence would have a maximum punishment that does't include a punitive discharge. By definition then, this would not be a "serious offense" as defined under the appropriate seperation manual. Under a UA, your inability to return because of sickness, lack of transportation, etc., is not a defense. However, it should always be taken into account when deciding to charge and when determining a punishment.

I have defended many administrative separations and UCMJ charges. Please contact me if you wish to hire a civilian defense counsel.