Disobeying An Officer at Army Courts-Martial, 2023: The Year in Numbers

Trends › By Offense › Article 90 › Army, 2023

Based on 33 cases · 2023 · Army records · data updated October 24, 2026

More Cases Were Contested

Of the 33 accused, 21 pleaded guilty and 12 contested at least one charge. A contested case is one where the accused pleads not guilty to at least one charge, including mixed pleas. The contested share was 36%, higher than the 31% for all Army cases in 2023.

Of the 21 guilty pleas, 19 are recorded with a plea agreement and 2 have no entry. Army records show only that an agreement existed, not its terms.

Results in Contested Cases

Of the 12 contested cases that reached a verdict, 3 ended in a full acquittal. Another 7 ended in a partial acquittal: not guilty of at least one charge or specification, and guilty of another. Partial acquittals are common in Army results because findings are listed charge by charge.

The full-acquittal rate was 25%, lower than the 39% across all Army cases in 2023. There were only 12 decided cases, so 1 verdict in either direction would change the rate noticeably.

Members Heard Most Contested Cases

The accused usually chooses whether a military judge alone or a panel of members decides guilt. A judge alone decided 25 cases, and enlisted panels decided 8. No case went to an officer panel.

Members heard 24% of all these cases, compared with 19% Army-wide. They heard 8 of the 12 contested cases (67%). Most judge-alone cases are guilty pleas, so the forum split follows how many cases were contested.

More Sentences Longer Than One Year

Of the 33 cases, 30 ended in a conviction on at least one charge, and 27 of those sentences included confinement (90%). The median confinement was 7 months, about the same as the 6 months across all Army cases in 2023.

More than one year was adjudged in 11 of 30 convictions (37%), compared with 28% Army-wide. Of those, 9 convictions (30%) were between 1 and 5 years, compared with 21% across the Army, and 2 were 5 years or more.

Only 3 convictions (10%) had no confinement, compared with 16% Army-wide. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Domestic Violence Was the Most Common Other Charge

Only 2 of the 33 cases charged Article 90 by itself. The most common other charge was Article 128b (domestic violence), in 13 cases. Article 134 (general article) appeared in 10, Article 128 (assault) and Article 92 (orders violation) in 9 each, and Article 120 (sexual assault) in 6.

These other charges affect the sentences above. A single sentence covers the disobedience charge and every other conviction in the case.

Comparing 2023 With 2022

There were 28 cases in 2022 and 33 in 2023. The contested share was 25% in 2022 and 36% in 2023. Full acquittals were 0 of 7 decided contested cases in 2022 and 3 of 12 in 2023. The median confinement was 7 months in both years.

Convictions with confinement were 82% in 2022 and 90% in 2023. The general court-martial share was 74% and then 84%. Punitive discharges for convicted enlisted members were 77% in 2022 and 71% in 2023. These groups are small, so the differences show direction, not precise trends.

Discharges, Rank, and Court Level

Of 28 convicted enlisted members, 20 received a bad-conduct or dishonorable discharge (71%), about the same as the 74% Army-wide. Of those, 7 were dishonorable. The group also includes 2 convicted officers or warrant officers, and neither was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Junior enlisted members were 55% of the accused, about the same as the 56% across the Army. NCOs were 36% and officers 9%. General courts-martial heard 26 of the 31 cases with a court level listed (84%), compared with 76% Army-wide. The court level is not listed for 2 cases. Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge.

Installations and Limits

Fort Bliss tried 4 of these cases. Fort Polk, Wheeler Army Airfield, Fort Riley, and Fort Hood tried 3 each. Those five installations had 48% of the total. Larger installations try more cases of every kind.

The records cover only cases that reached a courtroom. Conduct resolved by nonjudicial punishment, administrative separation, or no action is not included. The records also do not show the evidence, the plea terms, or offense dates.

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.