Article 87 — Missing movement; jumping from vessel

Part IV · Punitive Articles

Article 87. Missing movement; jumping from vessel · MCM ¶ 11

2024 Manual for Courts-Martial, United States

(a) Text of statute.

(a) MISSING MOVEMENT.— Any person subject to this chapter who, through neglect or design, misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial may direct.

(b) JUMPING FROM VESSEL INTO THE WATER.— Any person subject to this chapter who wrongfully and intentionally jumps into the water from a vessel in use by the armed forces shall be punished as a court-martial may direct.

(b) Elements.

(1) Missing movement.

(a) That the accused was required in the course of duty to move with a ship, aircraft, or unit;

(b) That the accused knew of the prospective movement of the ship, aircraft, or unit; and

(2) Jumping from vessel into the water.

(a) That the accused jumped from a vessel in use by the armed forces into the water; and

(b) That such act by the accused was wrongful and intentional.

(1) Missing movement.

(a) Movement. “Movement” as used in Article 87 includes a move, transfer, or shift of a ship, aircraft, or unit involving a substantial distance and period of time. Whether a particular movement is substantial is a question to be determined by the court-martial considering all the circumstances. Changes which do not constitute a “movement” include practice marches of a short duration with a return to the point of departure, and minor changes in location of ships, aircraft, or units, as when a ship is shifted from one berth to another in the same shipyard or harbor or when a unit is moved from one barracks to another on the same post.

(b) Mode of movement.

(i) Unit. If a person is required in the course of duty to move with a unit, the mode of travel is not important, whether it be military or commercial, and includes travel by ship, train, aircraft, truck, bus, or walking. The word “unit” is not limited to any specific technical category such as those listed in a table of organization and equipment, but also includes units which are created before the movement with the intention that they have organizational continuity upon arrival at their destination regardless of their technical designation, and units intended to be disbanded upon arrival at their destination.

(ii) Ship, aircraft. If a person is assigned as a crew member or is ordered to move as a passenger aboard a particular ship or aircraft, military or chartered, then missing the particular sailing or flight is essential to establish the offense of missing movement.

(c) Design. “Design” means on purpose, intentionally, or according to plan and requires specific intent to miss the movement.

(d) Neglect. “Neglect” means the omission to take such measures as are appropriate under the circumstances to assure presence with a ship, aircraft, or unit at the time of a scheduled movement, or doing some act without giving attention to its probable consequences in connection with the prospective movement, such as a departure from the vicinity of the prospective movement to such a distance as would make it likely that one could not return in time for the movement.

(e) Actual knowledge. In order to be guilty of the offense, the accused must have actually known of the prospective movement that was missed. Knowledge of the exact hour or even of the exact date of the scheduled movement is not required. It is sufficient if the approximate date was known by the accused as long as there is a causal connection between the conduct of the accused and the missing of the scheduled movement. Knowledge may be proved by circumstantial evidence.

(f) Proof of absence. That the accused actually missed the movement may be proved by documentary evidence, as by a proper entry or absence of entry in a log or a morning report. This fact may also be proved by the testimony of personnel of the ship, aircraft, or unit (or by other evidence) that the movement occurred at a certain time, together with evidence that the accused was physically elsewhere at that time.

(2) Jumping from vessel into the water. The phrase “in use by” means any vessel operated by or under the control of the armed forces. This offense may be committed at sea, at anchor, or in port.

Discussion

Bona fide suicide attempts should not be charged as criminal offenses. When making a determination whether an action by the Servicemember was a bona fide suicide attempt, the convening authority should consider factors including, but not limited to, health conditions, personal stressors, and DoD policy related to suicide prevention.

(d) Maximum punishment.

(1) Missing movement.

(a) Design. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

(b) Neglect. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(2) Jumping from vessel into the water. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

(e) Sample specifications.

(1) Missing movement. In that __________ (personal jurisdiction data), did, (at/on board—location), on or about _____ 20 __, through (neglect) (design) miss the movement of (Aircraft No. __________) (Flight __________) (the USS __________) (Company A, 1st Battalion, 7th Infantry) (__________) with which (he) (she) was required in the course of duty to move.

(2) Jumping from vessel into the water. In that __________ (personal jurisdiction data), did, on board __________, at (location), on or about _____ 20 __, wrongfully and intentionally jump from __________, a vessel in use by the armed forces, into the (sea) (lake) (river).

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

(1) Through design: DD, TF, 2 years, E-1. (Category 2)

(2) Through neglect: BCD, TF, 1 year, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, through (neglect) (design) miss the movement of (Aircraft No. __________) (Flight __________) (the USS __________) (Company A, 1st Battalion, 7th Infantry) (__________) with which (he) (she) was required in the course of duty to move.

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); and

(3) That (state the time and place alleged), the accused missed the movement of the (aircraft) (unit) (ship) through (design) (neglect).

Definitions & other instructions

“Movement” includes a move, transfer, or shift of a ship, aircraft, or unit involving a substantial distance and period of time. “Movement” does not include practice marches of a short duration with a return to the point of departure, and minor changes in location of ships, aircraft, or units.

(“Movement” may also mean the deployment of one or more individual service members as passengers aboard military or civilian aircraft or watercraft in conjunction with temporary or permanent changes of duty assignments.)

(Failure of a service member to make a routine movement aboard commercial transportation, however, does not violate Article 87 when such failure is unlikely to cause foreseeable disruption of military operations.)

To be guilty of this offense, the accused must have actually known of the prospective movement that was missed. (Knowledge of the exact hour or even of the exact date of the scheduled movement is not required. It is sufficient if the accused knew the approximate date as long as there is a causal connection between the conduct of the accused and the missing of the scheduled movement.) Knowledge may be proved by circumstantial evidence.

NOTE 2. If “through design” alleged. If “through design” is alleged, give the following:

“Through design” means on purpose, intentionally, or according to plan and requires specific intent to miss the movement.

NOTE 3. If “through neglect” alleged. If “through neglect” is alleged, give the following:

“Through neglect” means the omission to take such measures as are appropriate under the circumstances to assure presence with a ship, aircraft, or unit at the time of a scheduled movement, or doing some act without giving attention to its probable consequences in connection with the prospective movement, such as a departure from the vicinity of the prospective movement to such a distance as would make it likely that one could not return in time for the movement.

NOTE 4. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable. If missing movement through design alleged, Instruction 7-3, Circumstantial Evidence (Intent), will ordinarily be applicable.

References

US v. Quezada, 40 MJ 109 (CMA 1994); US v. Gibson, 17 MJ 143 (CMA 1984); US v. Graham, 16 MJ 460 (CMA 1983); US v. Johnson, 11 CMR 174 (CMA 1953).

Source: Instruction 3a-11-1 · view original on jagcnet.army.mil

Maximum punishment

BCD, TF, 6 months, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, on board __________, at (location), on or about __________, wrongfully and intentionally jump from __________, a vessel in use by the armed forces, into the (sea) (lake) (river).

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; and

(2) That such act by the accused was wrongful and intentional.

Definitions & other instructions

“In use by the armed forces” means any vessel operated by or under the control of the armed forces. This offense may be committed at sea, at anchor, or in port.

“Wrongful” means without legal justification or excuse.

“Intentional” means deliberately or on purpose.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.

Source: Instruction 3a-11-2 · view original on jagcnet.army.mil