Attempt at Army Courts-Martial, 2023: The Year in Numbers
In 2023, the median confinement in Army attempt cases was 1.5 years, compared with 6 months for all Army cases in 2023. There were 38 courts-martial charging Article 80. Only 2 of 14 contested cases that reached a verdict ended in a full acquittal (14%), compared with 39% Army-wide.
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Trends › By Offense › Article 80 › Army, 2023
Short answer: In 2023, the median confinement in Army attempt cases was 1.5 years, compared with 6 months for all Army cases in 2023. There were 38 courts-martial charging Article 80. Only 2 of 14 contested cases that reached a verdict ended in a full acquittal (14%), compared with 39% Army-wide.
Most Sentences Were Longer Than One Year
Sentences longer than one year were 20 of 36 convictions (56%), compared with 28% for the Army as a whole. Most of those were more than 1 year and under 5 years: 17 convictions (47%), compared with 21% Army-wide. Another 3 were 5 years or more.
8 convictions (22%) were under 6 months. 4 (11%) had no confinement.
| Adjudged confinement | Convictions | Share here | Share, all Army cases in 2023 |
|---|---|---|---|
| No confinement | 4 | 11% | 16% |
| Under 6 months | 8 | 22% | 39% |
| 6 months to 1 year | 4 | 11% | 16% |
| More than 1 year, under 5 years | 17 | 47% | 21% |
| 5 years or more | 3 | 8% | 8% |
Median Confinement of 1.5 Years
Of 36 convictions, 32 included confinement. The median confinement was 1.5 years. A quarter of the sentences were 3 years or longer. In 2022, the median for these cases was 1.3 years.
These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in a case, not only the attempt.
Punitive Discharges
Of 33 convicted enlisted members, 32 received a punitive discharge: 17 bad-conduct discharges and 15 dishonorable discharges. Across the Army in 2023, the share was 74%. Of 3 convicted officers or warrant officers, 1 was sentenced to dismissal.
A punitive discharge is part of the court-martial sentence. A member without one can still receive a later administrative separation, which these records do not show.
Contested Cases and Verdicts
There were 14 contested cases and 24 guilty pleas. A contested case has a not-guilty plea to at least one charge. The contested share of 37% was higher than the 31% Army-wide.
Plea agreements are recorded in 21 of the 24 guilty pleas, and 3 have no entry. The records do not show the terms.
Of 14 contested cases that reached a verdict, 2 ended in a full acquittal and 6 ended in a partial acquittal. A partial acquittal means not guilty of at least one charge and guilty of another. Army findings are listed charge by charge.
Who Decided Guilt?
In most cases, the accused chooses between a military judge alone and a panel of members. A judge alone decided 29 cases. Enlisted panels decided 6 and officer panels decided 2.
Members decided 22% of cases, about the same as the 19% Army-wide. Members decided 8 of 13 contested cases with the forum listed (62%).
Most judge-alone cases are guilty pleas. The accused chooses the forum, so the cases decided by each are different. The records cannot show how a case would have ended with the other forum.
Court Level and Rank
Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge. Of 38 cases, 35 were general courts-martial (92%), compared with 76% for the Army overall.
A special court-martial can impose no more than one year of confinement and cannot impose a dishonorable discharge. It can adjudge a bad-conduct discharge. All 20 sentences longer than one year therefore came from general courts-martial.
Junior enlisted members (E-1 to E-4) were 58% of the accused, NCOs were 34%, and officers were 8%. Across the Army in 2023, junior enlisted members were 56%.
Other Charges in the Same Cases
Article 80 makes it a crime to attempt another offense. It was the only charge in 9 of 38 cases. The most common other charges were Article 134 (general article) in 13 cases, Article 120 (sexual assault) in 8, Article 128 (assault) in 7, Article 120b (child sexual abuse) in 5, and Article 128b (domestic violence) in 4.
A sentence covers every charge in a case. The long sentences here therefore describe whole cases, which often included sexual assault or child sexual abuse charges. The records do not divide a sentence among the charges.
Changes From 2022
There were 31 cases in 2022 and 38 in 2023. The contested share was 37% in both years. Full acquittals were 3 of 11 contested cases in 2022 and 2 of 14 in 2023.
Punitive discharges for enlisted members were 93% in 2022 and 97% in 2023. The share of convictions with confinement was 96% in 2022 and 89% in 2023. These groups are small, so the changes show direction, not exact size.
| 2022 | 2023 | |
|---|---|---|
| Cases | 31 | 38 |
| Contested (of pleas recorded) | 37% | 37% |
| Full acquittals (decided contested) | 3 of 11 | 2 of 14 |
| Convictions with confinement | 96% | 89% |
| Median confinement | 1.3 years | 1.5 years |
| Punitive discharge (enlisted) | 93% | 97% |
| General courts-martial | 90% | 92% |
What the Records Do Not Show
The records include only cases that went to a court-martial. Attempts handled by nonjudicial punishment, administrative separation, or no action are not included. The records also do not show offense dates, the evidence, or plea terms.
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 2023 that charged Article 80 (38 cases), compared with all Army cases that year and with 2022.
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)
- Attempt at Army Courts-Martial, 2022: The Year in Numbers (previous / next)
- Attempt at Army Courts-Martial, 2024: The Year in Numbers (previous / next)
- Army Article 80 Cases by the Numbers, 2021–2025 (the full trend)
- Army Article 80 Cases in 2021
- 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.