Army Article 86 Cases in 2023

Trends › By Offense › Article 86 › Army, 2023

Based on 21 cases · 2023 · Army records · data updated October 24, 2026

Most Cases Were Special Courts-Martial

General courts-martial made up 45% of the 20 cases with a court level listed (9 of 20), and special courts-martial made up the rest. The court level is not listed for 1 case. A special court-martial caps confinement at one year and can impose a bad-conduct discharge but not a dishonorable discharge. A general court-martial can impose any lawful sentence.

Sentences After a Conviction

Of the 21 cases, 19 ended in a conviction on at least one charge. Confinement was part of 14 of those sentences (74%). The median was 4 months, shorter than the 6 months median in all Army cases in 2023. A quarter of the sentences with confinement were 9 months or longer.

These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Punitive Discharges

A punitive discharge followed 71% of enlisted convictions: 9 bad-conduct discharges and 3 dishonorable discharges. The rate for all Army cases in 2023 was 74%. The 2 convicted officers or warrant officers were not dismissed.

A sentence without a punitive discharge does not rule out a later administrative separation.

Disrespect and Orders Charges Alongside AWOL

Of the 21 cases, 17 charged at least one other article. Article 89 (disrespect) appeared in 7 cases and Article 92 (orders violation) in 6. Article 90 (disobeying an officer) and Article 112a (drug) each appeared in 5, and Article 91 (insubordination) in 4.

Pleas

Of the 21 accused, 14 pleaded guilty and 7 contested at least one charge. A contested case has a not-guilty or mixed plea. The 33% contested share was about the same as the 31% for all Army cases in 2023.

Of the 14 guilty pleas, 13 are recorded with a plea agreement and 1 has no entry. Army records say whether an agreement existed, not what it said.

Forum and Rank

A military judge alone decided guilt in 18 cases, and an enlisted panel heard 3. Members heard 14% of the cases, compared with 19% in all Army cases in 2023. The accused usually chooses whether a military judge alone or a panel of members decides guilt.

Junior enlisted members (E-1 to E-4) made up 52% of the accused, NCOs 38%, and officers 10%. Across all Army cases in 2023, junior enlisted members were 56%.

Where the Cases Were Tried

Fort Riley tried 4 of these cases and Fort Bragg 3. Fort Hood, Joint Base Lewis-McChord, and Fort Campbell each tried 2. These five installations tried 62% of the 21 cases. Larger installations try more cases of every kind.

Not in These Records

The records cover courts-martial only. Cases resolved by nonjudicial punishment, administrative separation, or no action are not included, and the records give trial dates rather than offense dates. 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.

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.