Army Article 112a Cases in 2023
The Army tried 39 courts-martial charging Article 112a (drug) in 2023. Only 15% were contested, compared with 31% for all Army cases. A punitive discharge was adjudged for 74% of convicted enlisted members, the same as the Army rate.
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Trends › By Offense › Article 112a › Army, 2023
Short answer: The Army tried 39 courts-martial charging Article 112a (drug) in 2023. Only 15% were contested, compared with 31% for all Army cases. A punitive discharge was adjudged for 74% of convicted enlisted members, the same as the Army rate. The median confinement was 6 months, also the same as the Army figure.
More Terms of 6 Months to 1 Year
The median term was the same as the Army's, but the distribution of terms was different. Of 37 convictions, 12 (32%) included confinement of 6 months to 1 year, compared with 16% Army-wide. Terms under 6 months were given in 15 convictions (41%), about the same as the 39% for the service.
Terms over one year were less common. They were given in 6 of 37 convictions (16%), compared with 28% for all Army cases in 2023. Of those, 2 were 5 years or more. No confinement was adjudged in 4 convictions (11%), lower than the 16% Army share.
These figures are adjudged sentences, as announced at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.
| Adjudged confinement | Convictions | Share here | Share, all Army cases in 2023 |
|---|---|---|---|
| No confinement | 4 | 11% | 16% |
| Under 6 months | 15 | 41% | 39% |
| 6 months to 1 year | 12 | 32% | 16% |
| More than 1 year, under 5 years | 4 | 11% | 21% |
| 5 years or more | 2 | 5% | 8% |
Guilty Pleas and Agreements
Of 39 cases, 33 were guilty pleas and 6 were contested, meaning the accused pleaded not guilty to at least one charge. The contested share of 15% was lower than the 31% for the Army overall in 2023.
Plea agreements are recorded for 32 of the 33 guilty pleas, and 1 has no entry. Army records report only whether an agreement existed.
Of the 6 contested cases that reached a verdict, 2 ended in a full acquittal. A group that small does not support a meaningful rate.
Changes From 2022
The number of cases fell from 62 in 2022 to 39 in 2023. The contested share went from 21% to 15%. Punitive discharges for convicted enlisted members went from 84% to 74%. The median confinement stayed at 6 months. The share of convictions with confinement was about the same, 90% and then 89%.
General courts-martial went from 49% to 54% of cases with a court level listed. In groups this size, a few cases can change these figures. The comparisons show direction, not precise change.
| 2022 | 2023 | |
|---|---|---|
| Cases | 62 | 39 |
| Contested (of pleas recorded) | 21% | 15% |
| Full acquittals (decided contested) | 4 of 13 | 2 of 6 |
| Convictions with confinement | 90% | 89% |
| Median confinement | 6 months | 6 months |
| Punitive discharge (enlisted) | 84% | 74% |
| General courts-martial | 49% | 54% |
Discharges at the Service Rate
Of 34 convicted enlisted members, 25 received a punitive discharge: 20 bad-conduct and 5 dishonorable. The 74% share was the same as for all Army cases in 2023.
A punitive discharge is the bad-conduct or dishonorable discharge that a court-martial adjudges as part of the sentence. None of the 3 convicted officers or warrant officers was dismissed. Those without a punitive discharge may still face administrative separation, which these records do not cover.
General and Special Courts-Martial
General courts-martial, which can impose any lawful sentence including long confinement and a dishonorable discharge, made up 54% of the 37 cases with a court level listed (20 of 37). Special courts-martial made up the rest, and the level is not listed for 2 cases. A special court-martial is limited to one year of confinement and cannot adjudge a dishonorable discharge.
At general courts-martial, the median confinement was 10 months, and 15% of cases were contested. At special courts-martial, the median was 4 months, and 18% were contested.
Only a general court-martial can adjudge more than one year of confinement, so the 6 convictions with longer terms came from the 20 general courts-martial. The court level chosen at referral sets the maximum possible sentence before any plea is entered.
Other Charges in the Same Case
Of the 39 cases, 28 charged at least one other article. Article 92 (orders violation) was the most common other charge, in 12 cases. Article 90 (disobeying an officer) followed in 6, and Article 128 (assault), Article 86 (AWOL), and Article 134 (general article) appeared in 5 each.
This affects the sentence figures. An adjudged sentence covers every finding in a case. A sentence in a drug case that also includes disobedience or assault cannot be divided into a term for each charge.
The Accused by Rank
Junior enlisted members (E-1 to E-4) made up 69% of the accused, NCOs 23%, and officers 8%. Across all Army cases in 2023, the junior enlisted share was 56%.
Forum and Location
The accused usually chooses whether a military judge alone or a panel of members decides guilt. A military judge alone decided 35 of 39 cases with the forum listed (90%), and members heard 4: 3 enlisted panels and 1 officer panel. Most of these cases were guilty pleas.
Fort Bliss tried 5 of these cases. Fort Carson, Fort Wainwright, and Fort Riley tried 4 each, and Fort Stewart tried 3. Together they tried 51% of the 39. Larger installations try more cases of every kind.
Where the Data Stops
The records cover January 2023 to November 2023. They give trial dates, not offense dates. They do not include the evidence, the plea terms, or drug cases handled by nonjudicial punishment or administrative separation.
For what the offense covers and how it is defended, see Article 112a on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.
How We Counted
Army courts-martial with a trial date in 2023 that charged Article 112a (39 cases), compared with all Army cases that year and with 2022.
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.
Related Analysis
- Article 112a (Wrongful Use, Possession of Controlled Substances): Court-Martial Data and Trends (hub)
- By Year (hub)
- How Army Drug Cases Ended in 2022 (previous / next)
- How Army Drug Cases Ended in 2024 (previous / next)
- Army Article 112a Cases by the Numbers, 2021–2025 (the full trend)
- Army Article 112a Cases in 2021
- Drug at Army Courts-Martial, 2025: The Year in Numbers
- What Sentence Follows an Army Drug Conviction?
- S3 E52: What You Need to Know About Positive UAs in the Military (podcast, members)
- Article 112a explained on the law firm's website
- Search every case in Military Trial Results (members)
Compare: federal court. Drug Use: Federal Sentences vs. Army Courts-Martial · Drug Distribution: Federal Sentences vs. Army Courts-Martial
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.