Appointed place of duty is that place appointed as a rendezvous for several or for only one. Offenses of failure to go to and going from an appointed place of duty require proof that the accused actually knew of the appointed time and place of duty. Offense of absence from unit or organization or place of duty with intent to avoid maneuvers or field exercises requires proof that accused actually knew that the absence would occur during a part of a period of maneuvers or field exercises. Actual knowledge may be proved by circumstantial evidence. Specific intent is not an element of unauthorized absence.
Specific intent is an element for certain aggravated unauthorized absences.
Aggravated forms of unauthorized absence aggravating circumstances duration of the absence special type of duty particular specific intent that accompanies the absence These are not elements of a violation of Article 86, the simply constitute special matters in aggravation. Inability to return status of absence without leave is not changed by an inability to return through sickness, lack of transportation facilities or other disabilities. If accused is found guilty simply of unauthorized absence form 4 April to 7 April the maximum punishment is based on an absence for 3 days. More than one absence under one specification accused may be properly be found guilty of two or more separate unauthorized absences under on specification, provided each absence is included within the period alleged in the specification and the accused was not misled if accused found guilty of two or more unauthorized absences under a single specification, the maximum authorized punishment shall not exceed that authorized if the accused had been found guilty as charged in the specification.