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# What Happens to Army Junior Enlisted (E-1 to E-4) Facing Desertion Charges?
- URL: https://www.bodiesburied.com/trends/army-article-85-junior-enlisted/
- Published: 2026-10-28T08:19:06.000Z
- Updated: 2026-10-30T08:13:48.000Z
- Description: The Army tried 39 desertion cases under Article 85 against junior enlisted members (E-1 to E-4) from 2021–2025. Only 5% were contested, compared with 9% in all Army Article 85 cases. A punitive discharge was adjudged for 95% of those convicted, compared with 91% for the offense overall.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 85, Army

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 85](https://www.bodiesburied.com/trends/article-85-courts-martial/) › Junior Enlisted (E-1 to E-4)

**Short answer:** The Army tried 39 desertion cases under Article 85 against junior enlisted members (E-1 to E-4) from 2021–2025\. Only 5% were contested, compared with 9% in all Army Article 85 cases. A punitive discharge was adjudged for 95% of those convicted, compared with 91% for the offense overall.

Based on 39 cases · 2021–2025 · Army records · data updated October 24, 2026

## Almost All Desertion Cases Were Guilty Pleas

Of the 39 accused, 37 pleaded guilty and 2 contested at least one charge through a not-guilty or mixed plea. The contested share was 5%, lower than the 9% across all Army Article 85 cases.

Plea agreements are recorded for 35 of the 37 guilty pleas, and 2 have no entry. Army records show whether an agreement existed, not its terms. Any confinement cap or charge reduction in an agreement does not appear in this data.

## Most Convictions Included a Discharge

Of 39 convicted enlisted members, 37 received a bad-conduct or dishonorable discharge (95%). Across all Army Article 85 cases, the share was 91%. Of the 37 discharges, 3 were dishonorable and the rest were bad-conduct discharges.

A punitive discharge ends service with a characterization that stays on the member's record. A sentence without a punitive discharge does not rule out a later administrative separation.

## Most Confinement Terms Were Short

Of 39 convictions, 36 included confinement. The median confinement was 3 months, the same as the 3 months for all Army Article 85 cases. A quarter of sentences were 6 months or longer, and 1 was a life sentence. A sentence covers every charge in the case, and the records do not show which charges led to that term.

Terms under 6 months made up 67% of convictions here, compared with 61% for the offense overall. Sentences longer than one year were adjudged in 4 of 39 convictions (10%), compared with 13% across all Army Article 85 cases. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

| Adjudged confinement            | Convictions | Share here | Share, all Army Article 85 cases |
| ------------------------------- | ----------- | ---------- | -------------------------------- |
| No confinement                  | 3           | 8%         | 13%                              |
| Under 6 months                  | 26          | 67%        | 61%                              |
| 6 months to 1 year              | 6           | 15%        | 13%                              |
| More than 1 year, under 5 years | 2           | 5%         | 4%                               |
| 5 years or more                 | 2           | 5%         | 9%                               |

## Special Courts-Martial Heard Most Cases

General courts-martial heard 34% of the cases with a court level listed (13 of 38). Special courts-martial heard the rest. The court level is not listed for 1 case.

The 13 general courts-martial had a median confinement of 6 months, and 15% were contested. The 25 special courts-martial had a median confinement of 2 months, and 0% were contested. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence. Since 2019, a special court-martial can also be tried by a military judge alone, with confinement capped at six months and no punitive discharge.

## Other Charges in the Same Cases

Of the 39 cases, 21 charged at least one other article. The most common were Article 86 (AWOL) in 11 cases, Article 90 (disobeying an officer) in 5, Article 112a (drug) in 5, Article 128 (assault) in 4, and Article 87a (resisting apprehension) in 3.

Desertion and AWOL both involve unauthorized absence. Desertion also requires an intent to remain away permanently or to avoid hazardous duty. The records do not say which form of desertion was charged in a case, or how it was proven.

## Almost No Panels

A military judge alone decided guilt in 38 of 39 cases with the forum listed (97%). Members heard 1 case, with an enlisted panel. The accused usually chooses between a military judge alone and a panel of members, and most guilty pleas go before a judge alone.

Only 2 cases were contested. That is too few to describe how contested desertion cases against junior enlisted members ended, and this post makes no statement about acquittals.

## Junior Enlisted Members Were Most Desertion Defendants

Across all Army Article 85 cases, 85% of the accused were junior enlisted members. The 39 cases were tried from February 2021 to April 2025\. There were 9 in 2021, 10 in 2022, 11 in 2023, 7 in 2024, and 2 in 2025.

Fort Bliss tried 8 of these cases, Fort Campbell 7, Fort Hood 5, and Joint Base Lewis-McChord and Fort Carson 4 each. Those five installations had 72% of the 39 cases. Larger installations try more cases of every kind, so a high count alone does not mean a base has a problem with desertion.

## Limits of These Records

Since December 28, 2023, new sentencing parameters apply when every guilty finding is for an offense after December 27, 2023\. The records list trial dates only, so they do not show which rules applied in the recent trials.

The records also do not show how long each absence lasted, the evidence, the plea terms, or absences handled through nonjudicial punishment or administrative separation instead of trial.

Dates and sources for the law changes mentioned here: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial tried 2021–2025 that charged junior enlisted members (E-1 to E-4) under Article 85 (39 cases), compared with every Army Article 85 case.

Source: public court-martial records (Article 140a, UCMJ) in [Military Trial Results](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Article 85 (Desertion): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-85-courts-martial/) (hub)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [Junior Enlisted (E-1 to E-4) Charged Under Article 85 in the Air Force](https://www.bodiesburied.com/trends/air-force-article-85-junior-enlisted/)
- [Navy-Marine Corps Desertion Cases Against Junior Enlisted (E-1 to E-4): Outcomes and Sentences](https://www.bodiesburied.com/trends/navy-marine-corps-article-85-junior-enlisted/)
- [Fewer or More? Desertion Charges at Army Courts-Martial, 2021–2025](https://www.bodiesburied.com/trends/army-article-85-trend-2021-2025/)
- [Air Force Article 85 Cases by the Numbers, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-85-trend-2016-2025/)
- [Army Article 93a Cases Against NCOs (E-5 to E-9): Outcomes and Sentences](https://www.bodiesburied.com/trends/army-article-93a-ncos/)
- [What Sentence Follows an Army Desertion Conviction?](https://www.bodiesburied.com/trends/army-article-85-sent-2021-2025/)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.