Army Cases Charging Both Article 107 and Article 80

Trends › By Offense › Article 107 › Army, with Article 80

Based on 11 cases · 2021–2026 · Army records · data updated October 24, 2026

Confinement Was Far Longer Than the Article 107 Norm

10 of the 11 cases ended in a conviction, and 9 of those 10 sentences included confinement. The median confinement was 1.8 years. For all Army Article 107 cases in 2021–2026, the median was 5 months.

Among the sentences with confinement, a quarter were 8.2 years or longer. These are adjudged sentences: the terms announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence also covers every charge in the case, not only the false statement and the attempt.

More of These Cases Were Contested

6 of the 11 accused contested at least one charge, and 5 pleaded guilty. A contested case is one with a not-guilty or mixed plea. The contested share was 55%, higher than the 37% in all Army Article 107 cases over the same years.

What Other Charges Appeared?

No case in this group charged Article 107 alone. Across all Army Article 107 cases, 12 of 184 did. Besides Article 80, the most frequent charges were Article 128, assault, in 5 cases; Article 134, the general article, in 3; Article 120, sexual assault, in 3; and Article 121, larceny, in 2.

General Courts-Martial Heard Most Cases

9 cases were tried at a general court-martial and 2 at a special court-martial. The general share was 82%, compared with 63% for all Army Article 107 cases in 2021–2026.

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. A special court-martial is limited to one year of confinement and cannot impose a dishonorable discharge.

Military Judge or Panel of Members

A military judge alone decided 8 cases. Members decided 3: 2 enlisted panels and 1 officer panel. That is 27% of the cases with the forum listed. The accused usually chooses between a military judge alone and a panel.

Rank of the Accused

Junior enlisted members (E-1 to E-4) made up 45% of the accused, NCOs another 45%, and officers 9%. Across all Army Article 107 cases, junior enlisted members were 42% of the accused.

Trial Years

The 11 trials ran from May 2021 to September 2026. By year, the counts were 5 in 2021, 0 in 2022, 2 in 2023, 2 in 2024, 1 in 2025, and 1 in 2026, which is a partial year. Army records in this data are sparse before 2021.

What the Records Do Not Show

The records give trial dates, not offense dates. Since December 28, 2023, special trial counsel rather than commanders decide whether to prosecute covered offenses such as sexual assault, and a military judge sets the sentence under new sentencing parameters when every guilty finding is for an offense after December 27, 2023. Without offense dates, the records cannot show which rules applied to a trial from 2024 on.

The records also leave out the evidence, the terms of any plea agreement, and conduct handled by nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 107 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.