Army Article 86 Cases in 2022
The Army records hold 19 courts-martial from 2022 that charged Article 86 (AWOL). Only 11% were contested, compared with 36% in all Army cases in 2022. The median confinement was 4 months, compared with 6 months across the Army.
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Trends › By Offense › Article 86 › Army, 2022
Short answer: The Army records hold 19 courts-martial from 2022 that charged Article 86 (AWOL). Only 11% were contested, compared with 36% in all Army cases in 2022. The median confinement was 4 months, compared with 6 months across the Army.
More General Courts-Martial Than in 2021
General courts-martial made up 68% of these cases (13 of 19), compared with 29% in 2021. Special courts-martial made up the rest. A general court-martial can impose long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.
Over the same years, punitive discharges for convicted enlisted members went from 62% to 81%. The number of cases fell from 28 to 19, and the contested share went from 18% to 11%. With groups this small, a few cases can move these figures.
| 2021 | 2022 | |
|---|---|---|
| Cases | 28 | 19 |
| Contested (of pleas recorded) | 18% | 11% |
| Full acquittals (decided contested) | 1 of 5 | 0 of 2 |
| Convictions with confinement | 81% | 79% |
| Median confinement | 3 months | 4 months |
| Punitive discharge (enlisted) | 62% | 81% |
| General courts-martial | 29% | 68% |
Guilty Pleas in 17 of 19 Cases
Of the 19 accused, 17 pleaded guilty and 2 contested at least one charge. A contested case has a not-guilty or mixed plea. Of the 17 guilty pleas, 14 are recorded with a plea agreement and 3 have no entry. Army records say whether an agreement existed, not what it said.
All 19 cases ended in a conviction on at least one charge. In 2021, 1 of 5 contested cases that reached a verdict ended in a full acquittal.
Confinement Below the Army Median
Confinement was part of 15 of the 19 sentences. The median was 4 months, shorter than the 6 months for all Army cases in 2022, and up from 3 months in 2021. A quarter of the sentences with confinement were 10 months or longer.
These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.
Discharges and Dismissals
Of the 16 convicted enlisted members, 13 received a punitive discharge: 11 bad-conduct and 2 dishonorable. Across all Army cases in 2022, the share was 76%. Of the 3 convicted officers or warrant officers, 2 were dismissed.
A sentence without a punitive discharge does not rule out a later administrative separation.
Charges Filed With AWOL
Of the 19 cases, 15 charged at least one other article. Article 90 (disobeying an officer) and Article 134 (general article) each appeared in 5 cases. Article 89 (disrespect) appeared in 4, and Article 92 (orders violation) and Article 128 (assault) each in 3.
Rank and Forum
Junior enlisted members (E-1 to E-4) made up 63% of the accused, NCOs 21%, and officers 16%. Across all Army cases in 2022, junior enlisted members were 57%.
A military judge alone decided guilt in 17 cases. Members heard 2, one with an enlisted panel and one with an officer panel, which is 11% of cases with the forum listed.
What the Records Cannot Show
Cases resolved by nonjudicial punishment, administrative separation, or no action are not in these records. The records give trial dates, not offense dates, and they do not describe the evidence or the plea terms.
For what the offense covers and how it is defended, see Article 86 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 86 (19 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 86 (AWOL): Court-Martial Data and Trends (hub)
- By Year (hub)
- AWOL at Army Courts-Martial, 2021: The Year in Numbers (previous / next)
- Army Article 86 Cases in 2023 (previous / next)
- Army Article 86 Cases by the Numbers, 2021–2025 (the full trend)
- How Army AWOL Cases Ended in 2024
- AWOL at Air Force Courts-Martial, 2016: The Year in Numbers
- What Sentence Follows an Army AWOL Conviction?
- Article 86 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.