NCOs (E-5 to E-9) Charged Under Article 112a in the Army

Trends › By Offense › Article 112a › NCOs (E-5 to E-9)

Based on 43 cases · 2021–2025 · Army records · data updated October 24, 2026

Most Contested Cases Ended in a Full Acquittal

Of 10 contested NCO drug cases that reached a verdict, 6 ended in a full acquittal, meaning not guilty on every charge. That 60% rate is higher than the 35% across all Army Article 112a cases.

Another 3 contested cases ended in a partial acquittal, meaning not guilty of at least one charge or specification but guilty of another. Army results list findings charge by charge, which makes partial acquittals common in Army data. With only 10 contested cases that reached a verdict, a single verdict changes these rates.

A Higher Contested Share

Of the 43 accused, 33 pleaded guilty and 10 contested at least one charge. That 23% contested share is higher than the 14% across all Army Article 112a cases. A case counts as contested when the accused pleads not guilty to any charge, alone or as part of a mixed plea.

Plea agreements are recorded for 32 of the 33 guilty pleas, and 1 has no entry. Army records show whether an agreement existed but not its terms.

Discharges Less Common Than Service-Wide

A punitive discharge was adjudged in 70% of enlisted convictions here, compared with 82% across all Army Article 112a cases. The courts adjudged 23 bad-conduct discharges and 3 dishonorable discharges.

An NCO sentenced without a punitive discharge may still face an administrative separation. These records end at the court-martial and do not show what happened after.

Median Confinement the Same as the Army's

The 37 convictions included confinement in 84% of cases. Half of those terms were 5 months or less, the same median as across all Army Article 112a cases. A quarter of terms were 1 year or longer.

Convictions with no confinement made up 16% here, compared with 10% service-wide. The other bands were about the same as the broader group. Terms under 6 months were 46%, compared with 47%. Terms of 6 months to 1 year were 24%, compared with 27%. Terms over one year were given in 5 of 37 convictions (14%), compared with 16%.

These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Court Level and Confinement

General courts-martial heard 21 of the 41 cases with a court level listed (51%), about the same as the 53% service-wide. Special courts-martial heard 20, and the level is not listed for 2. A special court-martial can adjudge at most one year of confinement and no dishonorable discharge.

At general courts-martial, 95% of convictions included confinement, and the median was 6 months. At special courts-martial, 64% did, and the median was 5 months.

Few Cases Went to a Panel

A military judge alone decided guilt in 36 of the 42 cases with the forum listed (86%). Members heard 6, on 5 enlisted panels and 1 officer panel. The accused generally chooses the forum, and most judge-alone cases are guilty pleas. Since 2019, a special court-martial can also be tried by a judge alone. That forum is limited to six months of confinement and no punitive discharge.

Other Charges in the Same Case

Article 112a was the only charge in 14 of the 43 cases. Article 92 (orders violation) was also charged in 14. Article 81 (conspiracy) appeared in 6, and Article 121 (larceny), Article 131b (obstruction), and Article 134 (general article) appeared in 5 each.

Years, Installations, and Rank

The trials took place from January 2021 to July 2025: 10 in 2021, 11 in 2022, 9 in 2023, 9 in 2024, and 4 in 2025. Army records in this data are sparse before 2021, after Article 140a required the services to begin publishing trial records by December 2020.

Fort Bragg tried 6 of these cases, Fort Hood 5, Fort Carson 4, and Fort Stewart and Fort Wainwright 3 each. Together they tried 49% of the cases. Larger installations try more cases of every kind.

Every accused was an NCO. Across all Army Article 112a cases, 73% of the accused were junior enlisted, so this group is more senior.

Outside the Data

The records do not identify the drug, how it was detected, or the evidence, and they do not give plea terms. Since December 28, 2023, special trial counsel have decided whether to prosecute covered offenses. New sentencing rules apply to offenses after December 27, 2023. The records list trial dates only. Drug cases handled by nonjudicial punishment or administrative separation are not counted.

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.

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.