Article 113 Sentences in the Army: Confinement and Discharges, 2021–2025

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Based on 65 cases · 2021–2025 · Army records · data updated October 24, 2026

Fewer Punitive Discharges

The largest difference in these driving cases is in punitive discharges. Of 58 convicted enlisted members, 25 received a bad-conduct or dishonorable discharge (43%). Across all Army convictions in the same years, the share was 73%. Only 4 of the 25 were dishonorable.

None of the 7 convicted officers or warrant officers was dismissed. A dismissal is the officer equivalent of a punitive discharge. A sentence with no punitive discharge can still be followed by an administrative separation.

Most Cases Were Guilty Pleas

Of the 65 cases, 60 were guilty pleas and 5 were contested, meaning the accused pleaded not guilty to at least one charge. The contested share of 8% was lower than the 21% across Army convictions.

Army records note whether a guilty plea came with a plea agreement, though not its terms. Of the 60 guilty pleas, 59 are recorded with an agreement and 1 has no entry. The sentences here are as adjudged at trial, so any cap in those agreements is not included.

Confinement Lengths

Of the 65 convictions, 52 included confinement, and 13 (20%) did not, compared with 17% across Army convictions. The median confinement term was 4 months. A quarter of terms were 8 months or longer.

Terms under 6 months made up 52% of convictions, compared with 39% Army-wide. Terms over one year were given in 9 of 65 (14%), compared with 28%. Of those, 8 were more than 1 year and under 5 years, and 1 was 5 years or more. Each sentence covers every charge in the case. When a driving charge and an assault charge are tried together, there is one sentence for both.

These are adjudged figures, as announced at trial, before any plea-agreement cap, clemency, or appeal.

Court Level, Where It Was Listed

The records list 27 general courts-martial and 22 special courts-martial. The court level is blank for 16 cases. General courts-martial were 55% of the cases with a court level listed, lower than the 72% across Army convictions.

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial is limited to one year of confinement. At general courts-martial, every conviction included confinement (100%), and the median was 7 months. At special courts-martial, 64% did, and the median was 47 days. Since 2019, a special court-martial can also be tried by a military judge alone, limited to six months and no punitive discharge.

Other Charges in the Same Case

Article 113 was the only charge in 29 of the 65 cases. Among other charges, Article 128 (assault) was the most common, in 16 cases. Article 134 (general article) was charged in 10, Article 90 (disobeying an officer) in 6, Article 92 (orders violation) in 6, and Article 114 (endangerment) in 4.

Judge-Alone Trials

A military judge alone decided guilt in 62 of the 65 cases. Members heard the other cases, all of them enlisted panels. That is 5% of cases, compared with 12% across Army convictions. The accused usually chooses the forum, and most judge-alone cases are guilty pleas.

The Accused Were More Senior

By rank, 34 accused were junior enlisted (E-1 to E-4), 24 were NCOs (E-5 to E-9), and 7 were officers or warrant officers. That is more senior than Army convictions overall, where 57% were junior enlisted.

Cases by Installation and Year

Fort Wainwright had 15 of the 65 cases, more than any other installation. Camp Humphreys had 7, and Fort Hood, Fort Leonard Wood, and Fort Bliss had 4 each. These 5 installations had 52% of the cases. Larger installations try more cases of every kind, and a high count alone does not show anything about conduct at a post.

By trial year, the count was 9 in 2021, 8 in 2022, 22 in 2023, 16 in 2024, and 10 in 2025.

Limits of the Record

The records cover only cases that reached a court-martial. Driving incidents handled by nonjudicial punishment, administrative separation, or no action are not included, and the records do not describe the evidence. They also list trial dates, not offense dates. Trials from 2024 on include cases under the older rules and the sentencing parameters for offenses after December 27, 2023. Army records in this data are sparse before 2021.

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.