Attempt at Army Courts-Martial, 2022: The Year in Numbers
In 2022, 93% of enlisted members convicted in Army attempt cases received a punitive discharge, compared with 76% for all Army cases in 2022. The records hold 31 courts-martial charging Article 80 that year. The median confinement was 1.3 years, compared with 6 months Army-wide.
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Trends › By Offense › Article 80 › Army, 2022
Short answer: In 2022, 93% of enlisted members convicted in Army attempt cases received a punitive discharge, compared with 76% for all Army cases in 2022. The records hold 31 courts-martial charging Article 80 that year. The median confinement was 1.3 years, compared with 6 months Army-wide.
Punitive Discharges in 25 of 27 Enlisted Convictions
Of 27 convicted enlisted members, 25 received a punitive discharge: 11 bad-conduct discharges and 14 dishonorable discharges. Dishonorable discharges, the more severe type, were more common here than bad-conduct discharges. The 1 convicted officer or warrant officer was sentenced to dismissal.
In 2021, a punitive discharge followed 83% of enlisted convictions in these cases. A sentence without a punitive discharge does not rule out a later administrative separation.
Confinement in Almost Every Conviction
Of 28 convictions, 27 included confinement. The median confinement was 1.3 years. A quarter of the sentences were 2.3 years or longer.
Sentences longer than one year were 15 of 28 convictions (54%), compared with 27% for the Army as a whole. Sentences of more than 1 year and under 5 years were 9 convictions (32%). 6 (21%) were 5 years or more, compared with 7% Army-wide. Only 1 conviction had no confinement.
These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.
| Adjudged confinement | Convictions | Share here | Share, all Army cases in 2022 |
|---|---|---|---|
| No confinement | 1 | 4% | 16% |
| Under 6 months | 7 | 25% | 41% |
| 6 months to 1 year | 5 | 18% | 16% |
| More than 1 year, under 5 years | 9 | 32% | 20% |
| 5 years or more | 6 | 21% | 7% |
Other Charges in the Same Cases
Article 80 covers attempts to commit other offenses. In 28 of 31 cases, at least 1 other article was charged. Article 134 (general article) was charged in 12 cases and Article 128 (assault) in 6. Article 129 (burglary and unlawful entry), Article 120 (sexual assault), and Article 81 (conspiracy) were charged in 5 each.
A sentence covers every charge. The long sentences here therefore describe whole cases, not the attempt charge alone.
Most Cases Were General Courts-Martial
Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge. A special court-martial can impose no more than one year. In 2022, 28 of these 31 cases were general courts-martial (90%), compared with 75% for all Army cases.
A special court-martial cannot adjudge either a sentence longer than one year or a dishonorable discharge. All 15 sentences longer than one year and all 14 dishonorable discharges therefore came from general courts-martial. A special court-martial can adjudge a bad-conduct discharge.
Pleas and Verdicts
Of 30 cases with a plea recorded, 11 were contested and 19 were guilty pleas. A contested case has a not-guilty plea to at least one charge. The contested share of 37% was about the same as the 36% Army-wide.
Plea agreements are recorded for 17 of the 19 guilty pleas, and 2 have no entry.
Of the 11 contested cases that reached a verdict, 3 ended in a full acquittal (27%). That is lower than the 38% across the Army. 6 ended in a partial acquittal, where the accused was found not guilty of at least one charge and guilty of another.
A guilty plea settles guilt for the charges it covers, so the sentence is the main question at trial. In the contested cases, most accused were still convicted of at least 1 charge and sentenced.
Who Decided Guilt?
The accused usually chooses whether a military judge alone or a panel of members decides guilt. A judge alone decided 26 cases. Enlisted panels decided 3 and officer panels decided 1. Members decided 13% of cases, compared with 20% Army-wide. Members decided 3 of the 10 contested cases with the forum listed (30%).
Most judge-alone cases are guilty pleas. The accused chooses the forum, so the cases decided by each are different. The number of cases decided by members is too small to compare results.
Rank and Changes From 2021
By rank, the accused were 20 junior enlisted members, 10 NCOs, and 1 officer. That group is more junior than the Army overall in 2022.
There were 46 cases in 2021 and 31 in 2022. The median confinement was 1 year in 2021 and 1.3 years in 2022. The share of convictions with confinement was 86% in 2021 and 96% in 2022.
The contested share was 39% in 2021 and 37% in 2022. Full acquittals were 3 of 18 contested cases in 2021 and 3 of 11 in 2022. These groups are small, and a few cases can change the figures. The changes show direction only.
| 2021 | 2022 | |
|---|---|---|
| Cases | 46 | 31 |
| Contested (of pleas recorded) | 39% | 37% |
| Full acquittals (decided contested) | 3 of 18 | 3 of 11 |
| Convictions with confinement | 86% | 96% |
| Median confinement | 1 year | 1.3 years |
| Punitive discharge (enlisted) | 83% | 93% |
| General courts-martial | 85% | 90% |
What the Records Do Not Show
These records show the charges, pleas, findings, and sentences of cases that went to a court-martial. They do not show offense dates, the evidence, or the terms of plea agreements. They do not include attempts handled through nonjudicial punishment, administrative separation, or no action.
The figures count trials held in 2022, which may involve conduct from earlier years. The records do not show the attempted offense beyond the other articles charged.
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.
How We Counted
Army courts-martial with a trial date in 2022 that charged Article 80 (31 cases), compared with all Army cases that year and with 2021.
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Article 80 (Attempts): Court-Martial Data and Trends (hub)
- By Year (hub)
- Army Article 80 Cases in 2021 (previous / next)
- Attempt at Army Courts-Martial, 2023: The Year in Numbers (previous / next)
- Army Article 80 Cases by the Numbers, 2021–2025 (the full trend)
- Attempt at Army Courts-Martial, 2024: The Year in Numbers
- Attempt at Army Courts-Martial, 2025: The Year in Numbers
- What Sentence Follows an Army Attempt Conviction?
- Article 80 explained on the law firm's website
- Search every case in Military Trial Results (members)
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.