Article 80 Sentences in the Air Force: Confinement and Discharges, 2016–2025

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Based on 20 cases · 2016–2025 · Air Force records · data updated October 24, 2026

A Small Group With a Wide Range of Sentences

Article 80 covers attempts to commit other offenses, so every attempt conviction involves some underlying offense. Only 20 Air Force cases from November 2016 to June 2025 ended in a conviction under it. In a group this small, a few cases can change any percentage by a large amount.

The sentences covered the whole range. Of the 20 convictions, 5 included no confinement (25%, compared with 15% across Air Force convictions). Another 9 were sentenced to under 6 months (45%). Of the rest, 2 were sentenced to 6 months to 1 year, 2 to more than 1 year but under 5 years, and 2 to 5 years or more.

Median Confinement and Longer Sentences

Confinement was part of 75% of the 20 convictions. The median confinement was 4 months, the same as the median across all Air Force convictions. A quarter of the sentences were 1.4 years or longer.

Sentences of more than one year came in 4 of the 20 convictions (20%), about the same as the 23% across the service. Sentences of 5 years or more made up 10% of convictions here, compared with 7% across the Air Force.

These are adjudged sentences, as announced at trial before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case.

An Even Split Between Court Levels

General courts-martial heard 10 of the 20 cases (50%, compared with 46% across Air Force convictions). The other 10 were special courts-martial.

The median confinement was 1 year at general courts-martial and 2 months at special courts-martial. A general court-martial can impose any lawful sentence, including a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. Since 2019, a special court-martial can also be tried by a military judge alone, capped at six months with no punitive discharge.

What Else Was Charged

Article 80 was the only charge in 3 of the 20 cases. Article 112a (drug) was the most common companion charge, in 6 cases. Article 134 (general article) appeared in 5, Article 92 (orders violation) in 3, Article 121 (larceny) in 2, and Article 129 (burglary before 2019; burglary and unlawful entry since) in 1.

A sentence covers every charge in the case. The figures here therefore describe attempt cases together with the other charges in them.

Punitive Discharges Were Less Common

Of 19 convicted enlisted members, 8 received a bad-conduct or dishonorable discharge (42%). That is lower than the 56% across Air Force convictions. Of those 8, 4 were dishonorable discharges. A dishonorable discharge is the more severe form, and only a general court-martial can adjudge it.

The group included 1 officer or warrant officer, who was not dismissed. A sentence with no punitive discharge does not rule out a later administrative separation.

Who Decided Guilt, and Who Was Tried

A military judge alone decided guilt in 13 cases. Members heard 4 cases as enlisted panels and 2 as officer panels. Members heard 32% of the cases, compared with 28% across Air Force convictions. The accused usually chooses whether a military judge or members decide guilt, and most judge-alone cases are guilty pleas.

By rank, the accused were 12 junior enlisted members, 7 NCOs, and 1 officer. The group is more senior than Air Force convictions overall.

Years and Installations

No year had more than 4 cases. The counts were 1 in 2016, 3 in 2017, 3 in 2018, 4 in 2019, 2 in 2020, 1 in 2021, 0 in 2022, 0 in 2023, 3 in 2024, and 3 in 2025.

JBSA - Lackland, Texas, Eielson AFB, Alaska, and JBSA - Ft Sam Houston, Texas, had 2 cases each. Kadena AB, Japan, and Yokota AB, Japan, had 1 each. Those installations account for 40% of the 20 cases. Counts this low say little about any one installation.

What the Records Do Not Show

Air Force records rarely list the charges in a full acquittal, so this page gives no acquittal rate for attempts. From 2016 to 2019, the records also rarely list a guilty plea, and this group has no plea breakdown. The records do not show the evidence or plea-agreement terms. They do not include nonjudicial punishment or administrative separations. They give trial dates, not offense dates, so they cannot show which cases fell under the Military Justice Act of 2016, effective January 1, 2019.

For what the offense covers and how it is defended, see Article 80 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.