Disobeying An Officer at Army Courts-Martial, 2021: The Year in Numbers

Trends › By Offense › Article 90 › Army, 2021

Based on 42 cases · 2021 · Army records · data updated October 24, 2026

Few Full Acquittals

Of the 12 contested cases that reached a verdict, 1 ended in a full acquittal. Another 9 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.

The full-acquittal rate was 8%, lower than the 35% for all Army cases in 2021. There were only 12 decided contested cases. A few verdicts in either direction would change that rate noticeably, so the comparison shows direction, not a precise measure.

In 9 of the 12 decided contested cases, the accused was found not guilty of some charges and guilty of others. The sentence in those cases covered only the charges that ended in a conviction.

Pleas and Plea Agreements

There were 30 guilty pleas and 12 contested cases. A contested case is one where the accused pleaded not guilty to at least one charge. The contested share was 29%, lower than the 36% Army-wide.

Of the 30 guilty pleas, 27 are recorded with a plea agreement and 3 have no entry. The records show whether an agreement existed, not its terms.

More Long Sentences Than Army-Wide

Confinement was part of 88% of the 41 convictions. Half of those terms were 9 months or less. The median for all Army cases in 2021 was 6 months.

Terms of 5 years or more were adjudged in 5 convictions (12%), compared with 8% Army-wide. Another 6 were between 1 and 5 years. In total, 11 of 41 convictions (27%) included more than one year, about the same as the 26% across the Army.

Terms of 6 months to 1 year made up 10 convictions (24%), compared with 17% Army-wide. Only 5 convictions (12%) had no confinement, compared with 19%. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal.

General and Special Courts-Martial

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and cannot adjudge a dishonorable discharge.

Here, 24 cases were general courts-martial (57%), lower than the 73% for all Army cases in 2021. The other 18 were special courts-martial. Confinement was part of 88% of convictions at both levels. The median confinement was 1 year at general courts-martial and 3 months at special courts-martial.

Disobedience Was Always Charged With Other Offenses

All 42 cases charged at least one other article. Article 128 (assault) appeared in 21 cases, Article 134 (general article) in 14, Article 112a (drug) in 11, and Article 120 (sexual assault) and Article 107 (false official statement) in 9 each.

A sentence covers every charge in a case. The long sentences above cannot be assigned to the disobedience charge alone.

Discharges for Enlisted Members and Officers

Of 38 convicted enlisted members, 25 received a punitive discharge: 18 bad-conduct and 7 dishonorable. Across all Army cases in 2021, the share was 70%.

The group also includes 3 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.

Panels Heard Most Contested Cases

The accused usually chooses whether a military judge alone or a panel of members decides guilt. A judge alone decided 35 cases. Enlisted panels decided 6 and an officer panel 1. Members heard 17% of all cases, compared with 22% Army-wide.

Among the 12 contested cases, members heard 7 (58%). Most judge-alone cases are guilty pleas.

Rank and Installations

The accused were 25 junior enlisted members, 14 NCOs, and 3 officers. This mix is similar to all Army cases in 2021.

Fort Bragg tried 8 cases, Joint Base Lewis-McChord 5, Fort Bliss 4, and Wheeler Army Airfield and Fort Knox 3 each. Those five installations had 55% of the 42 cases. Larger installations try more cases of every kind, so a high count alone does not mean a base has a problem with this offense.

What the Records Do Not Show

Army records in this data are sparse before 2021. The services had to begin publishing trial records under Article 140a by December 2020. The records give trial dates, not offense dates. They do not show the evidence, the plea terms, or conduct resolved through nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 90 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.