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Understanding Trends

How Has Article 91 Changed in Air Force Courts-Martial Since 2016?

From 2016–2025, Air Force records hold 13 courts-martial that charged Article 91 (insubordination). The median confinement was 7 months, longer than the 4 months for the Air Force as a whole. 69% of convicted enlisted members received a punitive discharge, compared with 56% Air Force-wide.

Understanding Trends in Military Practice · 4 min read

Trends › By Offense › Article 91 › Air Force

Short answer: From 2016–2025, Air Force records hold 13 courts-martial that charged Article 91 (insubordination). The median confinement was 7 months, longer than the 4 months for the Air Force as a whole. 69% of convicted enlisted members received a punitive discharge, compared with 56% Air Force-wide.

Based on 13 cases · 2016–2025 · Air Force records · data updated October 24, 2026

Longer Confinement Than the Air Force Median

All 13 sentences in these records included confinement (100%). The median term was 7 months. For all Air Force cases in those years, the median was 4 months. A quarter of the terms in these 13 cases were 1 year or longer.

Each figure is an adjudged sentence, the sentence announced at trial. It comes before any plea-agreement cap, clemency, or appeal, and it covers every charge in the case.

Bad-Conduct and Dishonorable Discharges

9 of the 13 convicted enlisted members received a punitive discharge (69%). 2 of those 9 were dishonorable discharges, and the rest were bad-conduct discharges. The rate for all Air Force cases in those years was 56%.

A sentence with no punitive discharge does not rule out an administrative separation later. These records do not track administrative separations.

Insubordination Was Never the Only Charge

None of the 13 cases charged Article 91 by itself. Article 92 (orders violation) was the most common other charge, in 6 cases. Article 112a (drug) appeared in 5. Article 128 (assault), Article 134 (general article), and Article 86 (AWOL) each appeared in 4.

Pleas and the Forum

10 of the 13 records list a plea: 5 guilty pleas and 5 contested cases. A case is contested when the accused pleads not guilty to at least one charge. The contested share, 50%, is about the same as the 48% for the rest of the Air Force.

A military judge alone decided 12 of the 13 cases. Members heard only 1 case (8%), with an enlisted panel. No officer panel appears.

Rank and Court Level

Junior enlisted members (E-1 to E-4) were 92% of the accused, NCOs were 8%, and officers were 0%. Across the Air Force, junior enlisted members were 62% of the accused.

5 of the 13 cases were general courts-martial (38%). The rest were special courts-martial, which cap confinement at one year and cannot impose a dishonorable discharge.

Cases by Year

The first case in these records was tried in October 2018 and the last in November 2025. The count was 0 in 2016 and 2017, 2 in 2018, 0 in 2019 and 2020, 3 in 2021, 1 in 2022, 3 in 2023, 2 in 2024, and 2 in 2025.

Article 91 was part of 2 of 786 Air Force convictions in 2016–2018 (0%) and 7 of 494 in 2023–2025 (1%), a larger share. The peak yearly number of convictions including the article was 3, in 2023.

Air Force convictions that included Article 91, by year: 2016 0, 2017 0, 2018 2, 2019 0, 2020 0, 2021 2, 2022 1, 2023 3, 2024 2, 2025 202016020172201802019020202202112022320232202422025
Air Force convictions that included Article 91, by year

What Is Not in These Records

Air Force records rarely list charges in cases that end in a full acquittal, so this page reports no acquittal rate for Article 91. They never report plea agreements, and from 2016 to 2019 they rarely list a guilty plea. Insubordination handled by nonjudicial punishment does not appear.

YearConvictions incl. Art. 91All convictions with offenses listedShare
201602050%
201702940%
201822871%
201902710%
202001860%
202122021%
202212080%
202331522%
202421731%
202521691%

Dates and sources for the law changes mentioned here: UCMJ change timeline.

How We Counted

Air Force courts-martial tried 2016–2025 that charged Article 91 (13 cases). The trend line uses convictions whose records list the offenses found, by trial year.

Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.

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.

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