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.

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.

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

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

That the accused missed the movement through design or neglect.

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

That such act by the accused was wrongful and intentional.

“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.

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.

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.

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

“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.

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.

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.

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.

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.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

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

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

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.

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).