Army Cases Charging Both Article 134 and Article 92

Trends › By Offense › Article 134 › Army, with Article 92

Based on 75 cases · 2021–2026 · Army records · data updated October 24, 2026

Shorter Confinement Than Other Article 134 Cases

Of the 75 cases, 70 ended in a conviction on at least one charge. Confinement was part of 57 of those 70 sentences (81%). The median confinement was 6 months. In all Army Article 134 cases from 2021–2026, the median was 1 year.

Terms of more than one year were less common here. They appear in 15 of the 70 convictions (21%), compared with 43% for Army Article 134 cases. The most common result was confinement under 6 months, in 29 convictions (41%). Another 13 convictions (19%) carried no confinement at all.

All of these figures are adjudged sentences: the sentence announced at trial. A plea-agreement cap, clemency, or an appeal can reduce a sentence later. One sentence also covers every charge in the case, not only the two articles named here.

Fewer Punitive Discharges

A punitive discharge means a bad-conduct discharge or a dishonorable discharge for an enlisted member, or a dismissal for an officer. Among 62 convicted enlisted members, 30 received a bad-conduct or dishonorable discharge (48%). In all Army Article 134 cases, the rate was 80%. Of the 30 discharges, 8 were dishonorable.

The records include 8 convicted officers or warrant officers, and 4 of them were dismissed. A sentence with no punitive discharge does not prevent a later administrative separation.

More Contested Cases

A contested case is one where the accused pleaded not guilty to at least one charge. Of the 75 cases, 29 were contested and 46 were guilty pleas. The contested share was 39%, compared with 23% in all Army Article 134 cases.

The records list a plea agreement for 44 of the 46 guilty pleas. The other 2 have no entry. Army records show whether an agreement existed, but not its terms.

Verdicts After a Not-Guilty Plea

Of the 29 contested cases that reached a verdict, 17% ended in a full acquittal, meaning not guilty of every charge. The full-acquittal rate for all Army Article 134 cases was 25%.

Partial acquittals were more common. In 19 contested cases, the accused was found not guilty of at least one charge or specification and guilty of another. Army results are listed charge by charge, so partial acquittals appear often in Army records.

Who Decided Guilt

The accused usually chooses whether a military judge alone or a panel of members decides guilt. A military judge alone heard 61 cases. An enlisted panel heard 11, and an officer panel heard 2. Members heard 18% of the cases, compared with 12% in all Army Article 134 cases.

Among the 28 contested cases with a verdict and the forum listed, members heard 13 (46%). Members acquitted 1 of 13 (8%), and a military judge alone acquitted 3 of 15 (20%). Most judge-alone cases are guilty pleas, so the forum split mostly follows how many cases were contested.

Court Level and Rank

General courts-martial heard 57 of the 74 cases with a court level listed (77%), compared with 84% in all Army Article 134 cases. The court level is not listed for 1 case. A general court-martial can adjudge any lawful sentence. A special court-martial is limited to one year of confinement and cannot adjudge a dishonorable discharge.

Median confinement was 6 months at general courts-martial (57 cases), where 83% of convictions included confinement. At special courts-martial (17 cases), 80% included confinement and the median was 4 months. The court level is not listed for 1 case.

By rank, 20 of the accused were junior enlisted (E-1 to E-4), 45 were NCOs (E-5 to E-9), and 10 were officers or warrant officers. That group is more senior than the Army as a whole, where 54% were junior enlisted.

Other Charges, Years, and Installations

Besides Article 92, the most frequent other charges were Article 128 (assault) in 24 cases, Article 120 (sexual assault) in 14, Article 107 (false official statement) in 12, and Article 112a (drug) in 9.

The cases run from January 2021 through February 2026. The yearly counts were 28 in 2021, 21 in 2022, 10 in 2023, 11 in 2024, 4 in 2025, and 1 in 2026, which is a partial year. Army records in this data are sparse before 2021.

Joint Base Lewis-McChord tried 11 of these cases, Fort Hood 8, Fort Bragg 7, Fort Knox 6, and Fort Carson 5. Together these five installations account for 49% of the 75 cases. Larger installations try more cases of every type.

Rule Changes and Gaps in the Records

Since December 28, 2023, special trial counsel rather than commanders decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence under new sentencing parameters. Both rules depend on the offense date.

The records give trial dates only, so trials from 2024 on include cases under both the old and new rules. The records also do not show the evidence, the terms of plea agreements, nonjudicial punishment, or administrative separations.

For what the offense covers and how it is defended, see Article 134 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.