Is being ‘late for work’ illegal in the military?

Yes, the military is much more than a job. Things that would lead a civilian employer to simply fire an employee can lead to criminal punishment in the military.

Article 86 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. 886, makes it a crime to fail to go to one’s appointed place of duty at the time prescribed, to leave one’s place of duty, or to be absent from one’s unit without authority.

There is tremendous discretion vested in a military commander to determine what, if anything, to do about a particular violation.

Often a first transgression is dealt with by minor punishment, such as loss of leave, privileges, or extra work assignments. More aggravated cases may result in administrative discharge rather than by referral to court-martial. Intentional behavior, such as coming in late to miss deploying with his unit to an unpleasant location, can result in an unpleasant court martial. The military makes examples of people like that to encourage everyone else to attend wars and other things most folks would prefer to avoid.

Case Studies: Military Legal Consequences for Failure to Comply

Case Study 1: Failure to Go to Appointed Place of Duty

In this fictional case study, Private John Smith fails to report to his appointed place of duty at the prescribed time. As a result, his military commander imposes minor punishments, such as loss of leave, extra work assignments, or other disciplinary measures.

Case Study 2: Unauthorized Absence

This case study revolves around Private Sarah Johnson, who leaves her place of duty without authority. Her actions result in more severe consequences, and the military may opt for administrative discharge or referral to court-martial.

Case Study 3: Intentional Behavior to Avoid Deployment

In this case study, Sergeant Mark Davis intentionally arrives late to avoid deploying with his unit to an unpleasant location. As a result, he faces an unpleasant court-martial, as the military aims to discourage such behavior by making examples of individuals who try to evade their responsibilities.