Not Guilty Pleas in Army Article 86 Cases: What Happened at Trial

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Based on 25 cases · 2021–2025 · Army records · data updated October 24, 2026

Most Cases Ended in a Partial Acquittal

This post covers only contested cases: Army courts-martial that included Article 86, absence without leave, where the accused pleaded not guilty to at least one charge. All 25 reached a verdict.

The most common result was a partial acquittal. Of the 25 cases, 13 (52%) ended in a partial acquittal: not guilty of at least one charge or specification, but guilty of another. Army results list findings charge by charge, so partial acquittals are common in Army data.

Full acquittals were less common than in other contested Army cases. Of the 25 cases, 4 ended in a full acquittal (16%), lower than the 38% across all contested Army cases in those years.

Panels and Judges Reached Different Results

The accused usually chooses whether a military judge alone or a panel of members decides guilt. Here, a judge alone decided 14 cases, an enlisted panel 10, and an officer panel 1. Members heard 44% of the cases, compared with 60% in all contested Army cases.

Contested cases decided by members ended in a full acquittal 27% of the time (3 of 11). Cases decided by a judge alone ended in a full acquittal 7% of the time (1 of 14). The counts are small, and the records cannot show why the results differed.

Sentences for Those Convicted

Of the 25 cases, 21 ended in a conviction, and 52% of those sentences included confinement. No confinement was adjudged in 48% of these convictions, compared with 25% across contested Army cases. Half of the confinement terms were 4 months or less. The median across all contested Army cases was 1.5 years.

Terms under 6 months made up 43% of convictions. No sentence was between 6 months and 5 years. Only 2 of 21 convictions (10%) included more than one year, and both were 5 years or more. Across contested Army cases, 44% of sentences were longer than one year. These are adjudged sentences, before clemency or appeal, and they cover every charge in the case.

Few Punitive Discharges

Of 17 convicted enlisted members, 2 received a bad-conduct or dishonorable discharge (12%). In all contested Army cases, the share was 64%. Of the 2 discharges, 1 was dishonorable.

The group includes 4 convicted officers or warrant officers, and 2 were dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Mostly NCOs and Special Courts-Martial

The accused were more senior than in most contested Army cases. NCOs made up 72%, officers 16%, and junior enlisted members (E-1 to E-4) 12%. Across all contested Army cases, junior enlisted members were 44%.

Only 9 of the 22 cases with a court level listed were general courts-martial (41%), compared with 85% in all contested Army cases. Special courts-martial heard 13, and the level is not listed for 3. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

Charges Tried Together

Of the 25 cases, 19 charged at least one other article. The most common were Article 89 (disrespect) in 9 cases, Article 107 (false official statement) in 7, Article 91 (insubordination) in 7, Article 128 (assault) in 7, and Article 90 (disobeying an officer) in 6.

Each charge receives its own finding. A sentence covers every charge on which the accused was convicted.

Years and Installations

The cases were tried from January 2021 through September 2025. There were 5 in 2021, 2 in 2022, 7 in 2023, 4 in 2024, and 7 in 2025.

Fort Riley and Fort Sill had 4 cases each. Kaiserslautern (Europe) and Wheeler Army Airfield had 3 each, and Fort Drum had 2. Those five installations had 64% of the 25 cases. Larger installations try more cases of every kind, so a high count alone does not mean a base has a problem with AWOL.

Rule Changes in the Period

Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records give trial dates, not offense dates, so 2024 and 2025 trials include cases under both sets of rules. Army data starts in December 2020 with public records under Article 140a.

What the Records Do Not Show

The records do not show how long each absence lasted, the evidence, or the defense presented. Absence cases handled by nonjudicial punishment, administrative separation, or no action are not in this data.

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.