Army Courts-Martial With Article 113 and Article 92, 2022–2026

Trends › By Offense › Article 113 › Army, with Article 92

Based on 11 cases · 2022–2026 · Army records · data updated October 24, 2026

Contested Cases Were More Common

4 accused entered a not-guilty or mixed plea, meaning they pleaded not guilty to at least one charge, and 7 pleaded guilty. Contested cases were 36% of those with a plea recorded. In Army-wide Article 113 cases, the contested share was 11%.

Members Heard 4 Cases

A military judge alone decided guilt in 7 of the 11 cases (64%). Members heard 4, all before enlisted panels. The accused usually chooses whether a military judge alone or a panel of members decides guilt.

Confinement

All 11 cases ended in a conviction, and 9 of the 11 sentences included confinement. The median confinement was 4 months, the same as the 4 months for Army-wide Article 113 cases. A quarter of the terms were 1 year or longer.

The figures are adjudged sentences. They are set at trial, before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

Punitive Discharges

Among 11 enlisted members convicted, 6 received a bad-conduct or dishonorable discharge (55%). 1 of the 6 was a dishonorable discharge. In Army Article 113 cases overall, the rate was 44%. A sentence without a punitive discharge does not rule out a later administrative separation.

Court Level

6 cases were general courts-martial and 4 were special courts-martial. The court level is not listed for 1. The general share was 60%, compared with 52% in Army Article 113 cases overall. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Companion Charges

Article 113 was never the only charge. Besides Article 92, the most common charges were Article 128, assault, in 4 cases. Article 109, property damage; Article 128b, domestic violence; and Article 134, the general article, each appeared in 3.

Rank and Trial Years

6 accused were junior enlisted (E-1 to E-4), and 5 were NCOs (E-5 to E-9). No officers or warrant officers appear. In Army-wide Article 113 cases, 51% were junior enlisted, so this group was more junior.

The trials ran from February 2022 to February 2026: 3 in 2022, 3 in 2023, 3 in 2024, 0 in 2025, and 2 in 2026, a partial year.

Limits of This Data

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as domestic violence. New sentencing parameters apply when every guilty finding is for an offense after December 27, 2023. The records give trial dates, not offense dates, so they cannot show which rules applied to the trials from 2024 on. They also do not show the evidence, the plea terms, or cases handled by nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 113 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.