What Happens to Air Force NCOs (E-5 to E-9) Facing Orders Violation Charges?

Trends › By Offense › Article 92 › NCOs (E-5 to E-9)

Based on 123 cases · 2016–2025 · Air Force records · data updated October 24, 2026

Many Convictions Without Confinement

The records show 119 convictions, and 81 of them included confinement (68%). The other 38 convictions (32%) included no confinement, compared with 19% across all Air Force Article 92 cases.

The median confinement was 4 months, the same as the median for all Air Force Article 92 cases. A quarter of sentences were 1 year or longer. These are sentences as announced at trial, before clemency, appeal, or a plea-agreement cap. Each sentence covers every charge in the case.

Fewer Punitive Discharges

Of the 119 convicted enlisted members, 39 received a punitive discharge: 27 bad-conduct and 12 dishonorable. That rate, 33%, is lower than the 48% for all Air Force Article 92 cases.

Most NCOs in this group were not given a punitive discharge. A sentence without one does not rule out a later administrative separation, which is not recorded here.

Confinement by Length

Sentences under 6 months made up 41% of NCO convictions, compared with 50% across all Air Force Article 92 cases. Sentences of 6 months to 1 year made up 13%, compared with 16%.

Sentences over one year came in 16 of 119 convictions (13%), about the same as the 15% across the service. Of all convictions, 11% were between 1 year and 5 years, and 3% were 5 years or more.

Many NCOs Contested Their Charges

The plea is recorded in 60 of the 123 cases. In those, 34 accused pleaded guilty and 26 entered a not-guilty or mixed plea. The contested share was 43%, higher than the 29% for all Air Force Article 92 cases. Many pleas are missing because Air Force records from 2016 to 2019 rarely list a guilty plea.

The accused usually chooses whether a military judge alone or a panel of members decides guilt. Members heard 20 of the 26 contested cases (77%). Across all 123 cases with the forum listed, a military judge alone decided 81 (66%). Members heard 42: 23 enlisted panels and 19 officer panels.

Sentences by Court Level

General courts-martial heard 50 of these cases (41%), slightly more than the 38% across the service. Special courts-martial heard 73. A general court-martial can impose any lawful sentence. A special court-martial is limited to one year of confinement and cannot impose a dishonorable discharge.

At general courts-martial, the median confinement was 1 year, and 52% of cases were contested. At special courts-martial, the median was 3 months, and 38% were contested.

Other Charges in the Same Case

In 88 of the 123 cases, at least one other article was charged. Article 134 (general article) was the most common companion charge, in 34 cases. Article 107 (false official statement) appeared in 19, Article 112a (drug) in 18, Article 128 (assault) in 17, and Article 121 (larceny) in 11.

A sentence covers every charge in a case, so the companion charges are part of the confinement and discharge figures above. The records do not split a sentence by charge. Article 92 covers failure to obey lawful general orders, failure to obey other lawful orders, and dereliction of duty.

Years and Installations

The cases were tried from March 2016 to December 2025. The highest count was 23, in 2017. There were 18 in 2018 and 12 in 2016. Later counts were lower: 6 in 2019, 8 in 2020, 11 in 2021, 13 in 2022, 8 in 2023, 11 in 2024, and 13 in 2025. The Military Justice Act of 2016 took effect on January 1, 2019. The records hold trial dates only and cannot show whether the law change affected these counts.

Osan AB, South Korea, tried 8 cases. Hurlburt Field, Florida, and Sheppard AFB, Texas, tried 6 each. Keesler AFB, Mississippi, and Kadena AB, Japan, tried 4 each. Together they account for 23% of the 123 cases. Larger installations try more cases of every kind.

All of the accused were NCOs. Across all Air Force Article 92 cases, 59% of the accused were junior enlisted.

What the Records Do Not Show

Air Force records rarely list the charges in a full acquittal, so no acquittal rate is given. The records also do not show the order involved, offense dates, evidence, plea terms, or matters resolved through nonjudicial punishment.

For what the offense covers and how it is defended, see Article 92 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.