Page 455 - Trump Executive Orders 2017-2021

10158 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

In that __ (personal jurisdiction data), did (at/on board-location), on or about
__ 20 _,without authority, (fail to go at the time prescribed to) (go from) (his) (her) appointed
place of duty, to wit: (here set forth the appointed place of duty).
(2) Absence from unit, organization, or place of duty.
In that (personal jurisdiction data), did, on or about __ 20 _,
without authority, absent himself/herself from (his) (her) (unit) (organization) (place of duty at
which (he) (she) was required to be), to wit: , located at , and did remain
so absent until ((he) (she) was apprehended) on or about __ 20 _.
(3) Absence from unit, organization, or place of duty 1vith intent to avoid maneuvers or .field
exercises.
In that __ (personal jurisdiction data), did, on or about __ 20 _, '"rithout
authority and with intent to avoid (maneuvers) (field exercises), absent himself/herself from (his)
(her) (unit) (organization) (place of duty at which (he) (she) was required to be), to wit:
located at ( __ ), and did remain so absent until on or about 20
(4) Abandoning watch or guard.
In that (personal jurisdiction data), being a memberofthe ____ _
(guard) (watch) (duty section), did, (at/on board-location), on or about __ 20 _, without
authority, go from (his) (her) (guard) (watch) (duty section) (with intent to abandon the same).

11. Article 87 (10 U.S.C. 887)--Missing movement; jumping from vessel
a. Text (ifstatute.
(a) MISSING MOVEl\tJENT.-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 fo1·ces
shall be punished as a court-martial may direct.
b. b'lements.
( 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
(c) That the accused missed the movement through design or neglect.
(2) Jumping .from vessel into the 1vater.
(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
c. Explanation.
( 1) A1issing movement.
(a) Jvfovement. "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.
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(b) A1ode r<f movement.

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