Army Article 80 Cases in 2021

Trends › By Offense › Article 80 › Army, 2021

Based on 46 cases · 2021 · Army records · data updated October 24, 2026

Other Charges in Most Cases

Article 80 makes it a crime to attempt another offense, so it is usually charged with other articles. Article 80 was the only charge in 5 of the 46 cases.

The most common other charges were Article 128 (assault) in 21 cases, Article 134 (general article) in 11, Article 120 (sexual assault) in 10, Article 90 (disobeying an officer) in 7, and Article 120b (child sexual abuse) in 6.

A sentence covers every charge in the case. The figures below therefore describe whole cases, not the attempt charge alone.

Median Confinement of 1 Year

Of 43 convictions, 37 included confinement. The median confinement was 1 year. A quarter of the sentences were 3 years or longer, and 1 was a life sentence.

Sentences longer than one year were 16 of 43 convictions (37%), compared with 26% Army-wide. Sentences of 5 years or more were 7 convictions (16%), compared with 8% across the Army. Sentences under 6 months were 21%, compared with 37%.

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

Partial Acquittals in Most Contested Cases

A contested case is one where the accused pleads not guilty to at least one charge. Of 46 cases, 18 were contested and 28 were guilty pleas. The contested share was 39%, compared with 36% Army-wide.

All 18 contested cases reached a verdict. 3 ended in a full acquittal. 12 (67%) ended in a partial acquittal, with a not-guilty finding on at least one charge or specification and a guilty finding on another. Army findings are reported charge by charge, so partial acquittals are common in cases with several charges.

Plea Agreements

Of the 28 guilty pleas, 22 are recorded with a plea agreement and 6 have no entry. Army records show that an agreement existed but not its terms. These records therefore cannot show whether an agreement limited the confinement imposed.

A guilty plea settles guilt for the charges it covers, so the main question at trial is the sentence. Most cases in this group included other serious charges, and the plea and the sentence cover all of them.

Who Decided Guilt?

In most cases, the accused chooses whether a military judge alone or a panel of members decides guilt. Members decided 22% of cases with the forum listed: 8 by enlisted panels and 2 by officer panels. A judge alone decided the other 36.

In contested cases, members decided 9 of 18 (50%). Most judge-alone cases are guilty pleas, so the overall split between judges and members mostly follows the split between guilty pleas and contested cases.

The accused chooses the forum, so cases decided by members and by a judge alone are different. The records cannot show how a case would have ended with the other forum.

More Punitive Discharges Than Army-Wide

A punitive discharge is a bad-conduct discharge or a dishonorable discharge. Of 41 convicted enlisted members, 34 received one (83%). That is higher than the 70% for all Army cases in 2021. 16 were dishonorable discharges.

Both convicted officers or warrant officers, 2 in all, were sentenced to dismissal. Only a general court-martial can adjudge a dishonorable discharge or a dismissal, and most of these cases were general courts-martial.

A member without a punitive discharge can still receive a later administrative separation. These records do not show administrative separations.

Court Level and Rank

A general court-martial can impose any lawful sentence, including more than one year of confinement and a dishonorable discharge. A special court-martial can impose no more than one year of confinement and cannot adjudge a dishonorable discharge.

Of these cases, 39 were general courts-martial and 7 were special courts-martial. The general court-martial share of 85% compares with 73% for all Army cases in 2021.

Junior enlisted members (E-1 to E-4) were 59% of the accused, about the same as the 58% Army-wide. NCOs were 37% and officers were 4%.

What the Records Do Not Show

The services were required to begin publishing trial records under Article 140a by December 2020. Army records in this data are sparse before 2021, so there is no earlier year to compare.

Only cases that went to a court-martial appear here. Attempts handled by nonjudicial punishment, administrative separation, or no action are not included. The records do not describe the evidence, plea terms, or offense dates.

For what the offense covers and how it is defended, see Article 80 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.