What Is the Most Common Crime for Offenders in the Military?

The military has its own distinct system of governance that functions alongside civilian law but seeks to address the unique issues that arise in the context of military operation. Knowing what is the most common crime for offenders in the military can help those currently serving in active duty make better-informed decisions and potentially avoid severe consequences.

What Is Military Law?

Military law in the United States operates under the Uniform Code of Military Justice (UCMJ). The UCMJ is the foundational legal framework governing the conduct and behavior of service members as well as the punishments for offenses. This includes general offenses, such as theft and assault, and offenses specific to the military, such as Desertion and Insubordination. Violations are tried in courts-martial, and the UCMJ outlines the procedures for prosecution, as well.

What Is the Most Common Military Crime?

Absence Without Leave (AWOL) is the most common crime for offenders in the military. AWOL is the act of any service member failing to report for duty without prior authorization or permission. This offense encompasses any unauthorized absence away from duty, whether brief or prolonged.

The impacts of AWOL can be far-reaching, decreasing unit readiness, breaking trust among ranks, and potentially putting military personnel at a safety risk. Since even a single absence can disrupt entire operations, this offense, though common, is taken extremely seriously.

Why Is Absence Without Leave (AWOL) So Common?

Several factors potentially contribute to the frequency of AWOL offenses, which makes this crime so common among service members.

• Stress. The unique demands and pressures of military life can lead to high levels of stress and mental strain. Going AWOL can be seen as a temporary escape from the stress caused by the intense and high-stakes environment, frequent relocations, deployments, extended training, and otherwise mentally intense realities of military life.
• Misunderstanding policies on leave. Service members may be uninformed or mistaken about the procedures and processes involved with formally requesting a leave of absence. This lack of clarity may result in AWOL charges that could have otherwise been avoided.
• Difficulty adjusting. Long separations from family and missed life events can add considerable stress to individuals. Balancing duty with other personal obligations can become overwhelming, and new recruits may find the transition to adjust to the strict adherence to discipline, schedule, and chains of command characteristic of military life challenging.
• Limited access to support. While the military does offer and provide support for issues related to mental health, many service members are unaware of these resources. Others may be aware of them but avoid them due to the perceived stigma associated with seeking help. Additionally, targeted support for serious mental health issues may also be lacking in many cases, especially when so many of these underlying issues go unnoticed.

Unfortunately, many of these factors remain unaddressed among personnel, leading to the continued proliferation of this offense. For these reasons, Absence Without Leave remains the most common offense under military law.

How Can the Military Help Reduce AWOL?

Understanding why AWOL is so common is the most effective way to begin efforts to prevent it. Already, the military has implemented several support programs to address such issues as stress, family pressure, and difficulties adjusting for new recruits. These issues are among the underlying stressors that lead to service members going AWOL.

However, more can still be done. Further mental health counseling can help alleviate the pressures faced by military personnel, and better education on leave policies can better clarify the required procedures and reduce misunderstandings that may mistakenly lead to AWOL.

FAQs

Q: What Is the Most Serious Possible Punishment in the Military?

A: In the military, the most serious possible punishment is the death penalty. However, this penalty is reserved for the most severe crimes under military law. More often, the court-martial imposes other serious punishments, such as life imprisonment, total forfeiture of all pay and allowances, and Dishonorable Discharge. Any crime deemed dangerous to the military’s structure and mission faces harsher consequences, as outlined in the Uniform Code of Military Justice.

Q: What Are the Consequences of Going AWOL in the Military?

A: Service members may face minor disciplinary actions if their unauthorized absence is relatively short. Going AWOL for less than three days may only result in loss of pay or restricted duties. However, extended absence over 30 days can be considered Deserting, which constitutes a greater offense.

Penalties include confinement, rank reduction, and dishonorable discharge, which can have long-lasting consequences on civilian life. The consequences of AWOL are worse during wartime and can include imprisonment in those cases.

Q: What Are Non-Judicial Punishments?

A: Non-judicial punishments fall under Article 15 of the Uniform Code of Military Justice and encompass disciplinary actions taken by commanding officers as a means of addressing minor offenses without the need to go through the formal court-martial. These punishments can include reductions in rank, confinement to quarters, and additional duties bestowed.

Unlike cases that go through court-martial, non-judicial punishments do not result in criminal records. Nevertheless, non-judicial punishments represent serious matters and can have long-term consequences.

Q: How Does a Dishonorable Discharge Affect a Service Member?

A: A Dishonorable Discharge is the most severe type of discharge, carrying significant long-term effects that impact every area of the service member’s life. A Dishonorable Discharge revokes access to all veteran’s benefits, such as VA healthcare and pension eligibility, can result in the loss of certain civil rights, such as the right to own firearms in some cases, and comes with the social stigma and employment challenges equivalent to a felony conviction.

Speak With a Skilled Military Defense Attorney Today

Whether you are facing any of these common charges under military law or are facing allegations of a different military offense, it is crucial that you speak with a qualified and experienced military defense attorney to discuss the details of your case. Contact Aaron Meyer Law as soon as possible to learn your options.

Our firm can protect your rights and help you navigate the complexities of military law under the Uniform Code of Military Justice. Speak with a member of our team today to protect your rights and avoid potentially severe consequences.