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# Army Defense Counsel in Contested Article 86 Cases: Prior Cases and Verdicts, 2023–2026
- URL: https://www.bodiesburied.com/trends/army-article-86-defense-counsel-experience-2023-2026/
- Published: 2026-10-30T08:18:31.000Z
- Updated: 2026-10-30T08:18:31.000Z
- Description: In 19 contested Army courts-martial charging Article 86 (AWOL) from 2023 to 2026, 14% of convicted enlisted members received a punitive discharge, compared with 68% across all contested Army cases. Full acquittals came in 3 of the 19 cases (16%), against 40% Army-wide.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Army, Article 86

[Trends](https://www.bodiesburied.com/trends/) › [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) › Article 86, defense counsel

**Short answer:** In 19 contested Army courts-martial charging Article 86 (AWOL) from 2023 to 2026, 14% of convicted enlisted members received a punitive discharge, compared with 68% across all contested Army cases. Full acquittals came in 3 of the 19 cases (16%), against 40% Army-wide. The most experienced defense counsel of record had a median of 6 prior cases in this data.

Based on 19 cases · 2023–2026 · Army records · data updated October 24, 2026

## Few Punitive Discharges After Conviction

A punitive discharge is a bad-conduct discharge or a dishonorable discharge for an enlisted member. Of the enlisted members convicted in these cases, 14% received one. For all contested Army cases in 2023–2026, the figure was 68%.

A sentence without a punitive discharge does not rule out a later administrative separation. Administrative separations are not in these records.

## Acquittal Rates in Contested AWOL Cases

Every case here was contested, which means the accused pleaded not guilty to at least one charge. The accused was acquitted of all charges in 3 of the 19 cases (16%). Across all contested Army cases in the same years, 40% ended in a full acquittal.

## Defense Teams Were Mostly in the 5 to 9 Group

Of the 19 cases, 15 list at least one defense counsel of record. In 8 of those 15 (53%), the most experienced defense lawyer had 5 to 9 prior cases. The 1 to 4 group had 4 cases (27%), and the 10 to 19 group had 2 (13%).

In 1 case (7%), no defense counsel of record had a prior case in the data. No case had a defense lawyer with 20 or more prior cases. Defense teams were small: 8 cases listed 2 defense counsel of record and 7 listed 1.

| Prior cases (most experienced defense counsel) | Cases | Share |
| ---------------------------------------------- | ----- | ----- |
| No prior cases                                 | 1     | 7%    |
| 1 to 4                                         | 4     | 27%   |
| 5 to 9                                         | 8     | 53%   |
| 10 to 19                                       | 2     | 13%   |
| 20 or more                                     | 0     | 0%    |

## How Prior Cases Are Counted

A prior case is an Army court-martial tried before the current trial date on which the lawyer was counsel of record in this data. Work on either side counts. The count is not a measure of skill, and cases before the records start are missing.

When a case lists several defense lawyers, the records do not show who led. Each case is placed by its most experienced defense counsel of record. No lawyer is rated or ranked here.

## Defense Lawyers Usually Had More Prior Cases Than Prosecutors

All 15 cases with a listed defense counsel also list a trial counsel. Comparing the most experienced lawyer on each side, the defense counsel had more prior cases in 11 (73%) and fewer in 4 (27%).

## Verdicts by Defense Experience

A partial acquittal means not guilty of at least one charge or specification but guilty of another. In the 5 to 9 group, 1 of 8 cases ended in a full acquittal and 5 of 8 in a partial acquittal. All 4 cases in the 1 to 4 group ended in a partial acquittal (4 of 4). The 10 to 19 group had 1 of 2 of each, and the single no-prior-cases case ended in a partial acquittal.

These counts are small. The records do not show the evidence, plea offers, or who did the work, so the rows describe outcomes and not the effect of experience.

| Prior cases (most experienced defense counsel) | Contested cases | Full acquittal | Partial acquittal |
| ---------------------------------------------- | --------------- | -------------- | ----------------- |
| No prior cases                                 | 1               | 0 of 1         | 1 of 1            |
| 1 to 4                                         | 4               | 0 of 4         | 4 of 4            |
| 5 to 9                                         | 8               | 1 of 8         | 5 of 8            |
| 10 to 19                                       | 2               | 1 of 2         | 1 of 2            |

## Trial Years, Coverage, and Limits

The cases were tried from March 2023 to July 2026: 7 in 2023, 4 in 2024, 7 in 2025, and 1 in 2026, which is a partial year.

Army counsel names are nearly complete from 2021, and starting in 2023 gives most lawyers earlier cases in the data. Name spellings are merged as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025, mostly by surname, so they are left out.

Since December 28, 2023, special trial counsel, not commanders, 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 have trial dates, not offense dates, so trials from 2024 on mix both rule sets. The records also do not show the evidence, the plea terms, or nonjudicial punishment.

For what the offense covers and how it is defended, see [Article 86 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-86/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial with trial dates in 2023–2026 that charged Article 86 and had a not-guilty or mixed plea (19 cases). Counsel of record are as listed in the public records.

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

- [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) (hub)
- [Article 86 (AWOL): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-86-courts-martial/) (hub)
- [Who Prosecuted Contested Army Article 86 Cases? Trial Counsel Experience, 2023–2026](https://www.bodiesburied.com/trends/army-article-86-trial-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 107 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-107-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 112a Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-112a-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 115 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-115-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-120-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 121 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-121-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-128-defense-counsel-experience-2023-2026/)
- [Article 86 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-86/?ref=bodiesburied.com)
- [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.