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# NCOs (E-5 to E-9) Charged Under Article 89 in the Army
- URL: https://www.bodiesburied.com/trends/army-article-89-ncos/
- Published: 2026-10-30T08:13:52.000Z
- Updated: 2026-10-30T08:13:52.000Z
- Description: The Army tried 20 NCOs (E-5 to E-9) under Article 89 (disrespect) from 2021–2025. Their median confinement was 42 days, shorter than the 3 months in all Army Article 89 cases, and 24% of the convicted NCOs received a punitive discharge, compared with 42%.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 89, Army

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 89](https://www.bodiesburied.com/trends/article-89-courts-martial/) › NCOs (E-5 to E-9)

**Short answer:** The Army tried 20 NCOs (E-5 to E-9) under Article 89 (disrespect) from 2021–2025\. Their median confinement was 42 days, shorter than the 3 months in all Army Article 89 cases, and 24% of the convicted NCOs received a punitive discharge, compared with 42%.

Based on 20 cases · 2021–2025 · Army records · data updated October 24, 2026

## Guilty Pleas and Contested Cases

10 NCOs pleaded guilty and 10 entered a not-guilty or mixed plea. The contested share of 50% is higher than the 36% in all Army Article 89 cases. All 10 guilty pleas are recorded with a plea agreement, though Army records do not give its terms.

## Contested Verdicts

10 contested cases reached a verdict. 3 ended in a full acquittal, meaning not guilty of every charge (30%). That is close to the 29% in all Army Article 89 cases.

5 other contested cases ended in a partial acquittal, with a not-guilty finding on at least one charge or specification and a guilty finding on another. Army results list findings charge by charge, so partial acquittals are common in Army records.

## Panels in Contested Cases

Members heard 6 of the 10 contested cases (60%). Across all cases with the forum listed, 30% went to members: 5 enlisted panels and 1 officer panel. A military judge alone decided the other 14.

## Shorter Sentences, Fewer Discharges

Of 17 convictions, 12 carried confinement. The median was 42 days, compared with 3 months in all Army Article 89 cases. A quarter of the sentences with confinement were 4 months or longer.

4 of the 17 convicted NCOs received a punitive discharge: 3 bad-conduct and 1 dishonorable. In all Army Article 89 cases the rate was 42%. All sentence figures are adjudged at trial, before any plea-agreement cap, clemency, or appeal.

## Mostly Special Courts-Martial

5 of the 18 cases with a court level listed were general courts-martial (28%), and special courts-martial made up the rest. The court level is not listed for 2 cases. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

## Other Charges in These Cases

Article 89 was never charged alone. Article 86 (AWOL) appeared in 9 cases and Article 91 (insubordination) in 8\. Article 128 (assault) and Article 90 (disobeying an officer) each appeared in 7, and Article 134 (general article) in 6.

## Installations and Years

Fort Bragg, Wheeler Army Airfield, and Fort Irwin had 3 cases each. Fort Riley and Fort Sill had 2 each. These five account for 65% of the 20 cases, and larger installations try more cases of every kind.

The trials ran from January 2021 to July 2025\. 2021 had 7, 2022 had 3, 2023 had 4, 2024 had 2, and 2025 had 4.

## What These Records Cannot Show

Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses, and new sentencing parameters apply when every guilty finding is for an offense after December 27, 2023\. Without offense dates, the records cannot show which rules applied to trials from 2024 on. They also do not describe the evidence or the plea terms.

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 NCOs (E-5 to E-9) under Article 89 (20 cases), compared with every Army Article 89 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 89 (Disrespect Toward Superior Officer; Assault of Superior Officer): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-89-courts-martial/) (hub)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [Navy-Marine Corps Disrespect Cases Against Junior Enlisted (E-1 to E-4): Outcomes and Sentences](https://www.bodiesburied.com/trends/navy-marine-corps-article-89-junior-enlisted/)
- [Fewer or More? Disrespect Charges at Army Courts-Martial, 2021–2025](https://www.bodiesburied.com/trends/army-article-89-trend-2021-2025/)
- [How Has Article 89 Changed in Navy-Marine Corps Courts-Martial Since 2017?](https://www.bodiesburied.com/trends/navy-marine-corps-article-89-trend-2017-2025/)
- [Army Article 93a Cases Against NCOs (E-5 to E-9): Outcomes and Sentences](https://www.bodiesburied.com/trends/army-article-93a-ncos/)
- [Army Child Endangerment Cases Against Junior Enlisted (E-1 to E-4): Outcomes and Sentences](https://www.bodiesburied.com/trends/army-article-119b-junior-enlisted/)
- [Army Child Sexual Abuse Cases Against Junior Enlisted (E-1 to E-4): Outcomes and Sentences](https://www.bodiesburied.com/trends/army-article-120b-junior-enlisted/)
- [What Sentence Follows an Army Disrespect Conviction?](https://www.bodiesburied.com/trends/army-article-89-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.