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What Sentence Follows an Army Attempt Conviction?

The median confinement for Army attempt convictions under Article 80 from 2021–2025 was 1.2 years, compared with 6 months for all Army convictions. Of 130 convictions, 63 (48%) were sentenced to more than one year, compared with 28% Army-wide.

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Trends › By Offense › Article 80 › What Sentence Follows a Army attempt Con

Short answer: The median confinement for Army attempt convictions under Article 80 from 2021–2025 was 1.2 years, compared with 6 months for all Army convictions. Of 130 convictions, 63 (48%) were sentenced to more than one year, compared with 28% Army-wide. A punitive discharge followed 89% of enlisted convictions, compared with 73%.

Based on 130 cases · 2021–2025 · Army records · data updated October 24, 2026

Punitive Discharges and Dismissals

106 of 119 convicted enlisted members received a bad-conduct or dishonorable discharge (89%). For all Army convictions in the same years, the share was 73%. 47 of the 106 were dishonorable discharges.

8 of 11 convicted officers or warrant officers were sentenced to dismissal. A later administrative separation is still possible after a sentence with no punitive discharge.

How Long Were the Sentences?

117 of the 130 convictions included confinement. The median was 1.2 years. A quarter of the sentences were 3 years or longer, and 2 were life sentences.

Compared with all Army convictions, longer sentences were more common. 34% of these convictions (44) were more than 1 year and under 5 years, compared with 20%. 15% (19) were 5 years or more, compared with 8%.

Shorter sentences were less common. 28% were under 6 months, compared with 39%. 10% (13 convictions) had no confinement, compared with 17%. All of these are adjudged sentences, as announced at trial, before any plea-agreement cap, clemency, or appeal.

Adjudged confinementConvictionsShare hereShare, all Army convictions in those years
No confinement1310%17%
Under 6 months3628%39%
6 months to 1 year1814%16%
More than 1 year, under 5 years4434%20%
5 years or more1915%8%

Court Level and Confinement

110 of the 130 cases (85%) were general courts-martial. Across Army convictions, the general court-martial share was 72%. The other 20 cases were special courts-martial.

Confinement was part of 92% of convictions at general courts-martial, with a median of 1.5 years. It was part of 80% at special courts-martial, with a median of 3 months.

Only a general court-martial can adjudge a dishonorable discharge or more than one year of confinement. Since 2019, a special court-martial can also be tried by a military judge alone, with confinement limited to six months and no punitive discharge.

The Attempt and the Other Charges

In 40 of the 130 cases, Article 80 was the only charge. The records do not say which offense an attempt charge concerned, but the other charges in each case give some information.

The other charges seen most often were Article 134 (general article), in 35 cases; Article 128 (assault), in 17; Article 120b (child sexual abuse), in 14; Article 120c (indecent recording and exposure), in 13; and Article 121 (larceny), in 13. One sentence covers all of the charges in a case.

Pleas and Plea Agreements

129 of the 130 records list the plea. 100 were guilty pleas, and 29 were contested, meaning the accused pleaded not guilty to at least one charge. The contested share, 22%, is about the same as the 21% for all Army convictions.

91 of the 100 guilty pleas are recorded with a plea agreement, and 9 have no entry. Army records show only whether there was an agreement.

All 130 cases ended in a conviction under Article 80. A contested case in this group may still have a partial acquittal on another charge or specification, since Army results record findings charge by charge.

Who Decided Guilt?

114 cases (88%) were decided by a military judge alone. 16 were decided by members: 10 by enlisted panels and 6 by officer panels. Members decided 15 of the 29 contested cases (52%). Most judge-alone cases are guilty pleas, and the accused usually chooses the forum.

Rank, Years, and Installations

The accused were 70 junior enlisted members (E-1 to E-4), 49 NCOs (E-5 to E-9), and 11 officers or warrant officers. Across Army convictions, 57% were junior enlisted, a similar mix.

From January 2021 to November 2025, there were 30 cases in 2021, 17 in 2022, 28 in 2023, 26 in 2024, and 29 in 2025. Army records in this data are sparse before 2021.

52% of the 130 cases were tried at 5 installations: Wheeler Army Airfield (21), Fort Hood (19), Joint Base Lewis-McChord (13), Fort Bragg (8), and Fort Carson (7). Larger installations try more cases of every kind.

What the Records Do Not Show

Missing from the records are the evidence, the plea terms, nonjudicial punishment, and administrative separations. Offense dates are also missing; only trial dates are given.

That matters for 2 rule changes. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses, and new sentencing parameters apply to offenses after December 27, 2023. The records cannot show which trials from 2024 on were under these rules.

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 tried 2021–2025: ending in a conviction under Article 80 (attempt) (130 cases), compared with all Army convictions in those years.

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.

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.

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