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.
a. MAXIMUM PUNISHMENT:
(1) Unauthorized absence: 2/3 pay/month x 3 months, 3 months, E-1. (Category 1)
(2) With intent to abandon: BCD, TF, 6 months, E-1. (Category1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), being a member of the __________ (guard) (watch) (duty section), did, (at/on board—location), on or about __________, without authority, go from (his) (her) (guard) (watch) (duty section) (with intent to abandon the same).
c. ELEMENTS:
(1) That the accused was a member of the (guard) (watch) (duty section) at (state the time and place alleged);
(2) That (state the time and place alleged), the accused absented (himself) (herself) from (his) (her) (guard) (watch) (duty section); (and)
(3) That this absence was without authority; [and]
NOTE 2: If the absence was with intent to abandon the accused’s guard, watch, or duty section, add the following element:
[(4)] That the accused intended to abandon (his) (her) (guard) (watch) (duty section).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
(“Intended to abandon” means that the accused, at the time the absence began or at some time during the absence, must have intended to completely separate (himself) (herself) from all further responsibility for (his) (her) particular duty as a member of the (guard) (watch) (duty section).)
NOTE 3: Definition of “duty section”. The term “duty section” has a specialized meaning, and does not refer to the place where a member performs routine duties. If abandonment of duty section is alleged, give the following additional instruction:
“Duty section” describes a group of personnel who have been designated to remain within the limits of a military (vessel) (command) during those times, such as liberty hours, when personnel strength is below normal, in order to accomplish the mission and ensure the safety of the (vessel) (command).
NOTE 4: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.