Article 81 With Article 92 in the Army: What the Records Show
The Army tried 20 courts-martial from 2021–2025 that charged both Article 81 (conspiracy) and Article 92 (orders violation). All 20 ended in a conviction, and the median confinement was 9 months, compared with 5 months in all Army Article 81 cases.
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Short answer: The Army tried 20 courts-martial from 2021–2025 that charged both Article 81 (conspiracy) and Article 92 (orders violation). All 20 ended in a conviction, and the median confinement was 9 months, compared with 5 months in all Army Article 81 cases. Only 16% of these cases were contested, compared with 19% for Army Article 81 cases.
Every Case Ended in a Conviction
Each of the 20 cases ended in a conviction on at least one charge. Confinement was part of 19 of the 20 sentences (95%). The median confinement was 9 months, longer than the 5 months median for all Army Article 81 cases from 2021–2025. A quarter of the terms were 2.2 years or longer.
These figures are adjudged sentences, meaning the sentence announced at trial. A plea-agreement cap, clemency, or an appeal can reduce them afterward. Each sentence covers all the charges in the case, not just conspiracy and the orders violation.
Long Terms Were More Common
Confinement of more than one year was adjudged in 8 of the 20 convictions (40%). Across all Army Article 81 cases, the share was 19%. Terms of 5 years or more made up 15% of convictions here, compared with 7%.
Under 6 months was still the most common band, with 8 convictions (40%). Only 1 conviction (5%) carried no confinement, compared with 15% for Army Article 81 cases. A special court-martial cannot adjudge more than one year of confinement, so every term above one year came from a general court-martial.
| Adjudged confinement | Convictions | Share here | Share, all Army Article 81 cases in 2021–2025 |
|---|---|---|---|
| No confinement | 1 | 5% | 15% |
| Under 6 months | 8 | 40% | 43% |
| 6 months to 1 year | 3 | 15% | 23% |
| More than 1 year, under 5 years | 5 | 25% | 12% |
| 5 years or more | 3 | 15% | 7% |
What Else Was Charged
No case charged Article 81 alone. Besides Article 92, the other charges seen most often were Article 112a (drug) in 8 cases, Article 131b (obstruction) in 4, Article 120 (sexual assault) in 3, and Article 128 (assault) in 3. Because one sentence covers every charge, the companion charges are part of each sentence above.
Punitive Discharges
A punitive discharge is a bad-conduct discharge or a dishonorable discharge for an enlisted member. Of the enlisted convictions here, 80% included one: 14 bad-conduct discharges and 2 dishonorable discharges. The rate for all Army Article 81 cases was also 80%.
A sentence with no punitive discharge does not rule out an administrative separation later.
Guilty Pleas and Who Decided Guilt
The plea is listed in 19 of the 20 records. Of those, 16 were guilty pleas and 3 were contested, meaning the accused pleaded not guilty to at least one charge. The records show a plea agreement for 14 of the 16 guilty pleas, and the other 2 have no entry. Army records show only whether an agreement existed, not its terms.
A military judge alone decided guilt in 17 cases. An enlisted panel heard the other 3, and no case went to an officer panel. Members heard 15% of the cases, compared with 11% in all Army Article 81 cases. The accused usually chooses the forum, and most judge-alone cases are guilty pleas.
Rank and Court Level
Junior enlisted members (E-1 to E-4) were 60% of the accused and NCOs were 40%. No officers appear. In all Army Article 81 cases, junior enlisted members were 66% of the accused.
General courts-martial heard 13 of the 20 cases (65%), compared with 64% in the Army as a whole. 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.
Years and Installations
The cases run from April 2021 to June 2025. There were 7 in 2021, 9 in 2022, 2 in 2023, 1 in 2024, and 1 in 2025. Army records in this data are sparse before 2021.
Fort Polk, Fort Bliss, and Joint Base Lewis-McChord tried 3 cases each. Fort Knox tried 2 and Fort Sill tried 1. These five installations account for 60% of the 20 cases. Installations with more soldiers try more cases of every type.
What the Records Leave Out
Since December 28, 2023, special trial counsel instead of commanders decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. When every guilty finding in a case is for an offense after December 27, 2023, the military judge sets the sentence under new sentencing parameters. Both rules turn on the offense date, which the records do not give.
Trial records show the charges, pleas, findings, and sentence. They do not include the evidence, the terms of any plea agreement, nonjudicial punishment, or administrative separations. Cases handled without a court-martial are not counted here.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Army courts-martial with trial dates in 2021–2025 that charged both Article 81 and Article 92 (20 cases), compared with all 91 Army Article 81 cases 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.
Related Analysis
- Article 81 (Conspiracy): Court-Martial Data and Trends (hub)
- Article 92 (Failure to Obey Order or Regulation): Court-Martial Data and Trends (hub)
- Army Courts-Martial: Data and Trends (hub)
- Navy-Marine Corps Cases Charging Both Article 81 and Article 92
- Army Cases Charging Both Article 107 and Article 120
- Army Cases Charging Both Article 107 and Article 121
- Army Cases Charging Both Article 107 and Article 131b
- Army Cases Charging Both Article 107 and Article 80
- Army Cases Charging Both Article 107 and Article 81
- Army Cases Charging Both Article 108 and Article 121
- 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.