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Actual knowledge may be proved by circumstantial evidence.
The status of absence without leave is not changed by an inability to return through sickness, lack of transportation facilities, or other disabilities. But the fact that all or part of a period of unauthorized absence was in a sense en-forced or involuntary is a factor in extenuation and should be given punishment for the offense. When, however, a person on authorized leave, without fault, is unable to return at the expiration , that person is not absent without leave.
There are variations of unauthorized absence under Article 86, which are more serious because of circumstances such as duration of the absence, a special type of duty from which the accused absents himself or herself, and a particular specific intent which accompanies the absence...
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