Article 90 Sentences in the Army: Confinement and Discharges, 2021–2025

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Based on 136 cases · 2021–2025 · Army records · data updated October 24, 2026

Almost Never the Only Charge

This post covers Army cases that ended in a conviction where Article 90 was among the charges. Of the 136 cases, 130 charged at least one other article.

The most common other charges were Article 128 (assault) in 51 cases, Article 128b (domestic violence) in 39, Article 134 (the general article) in 34, Article 112a (drug offenses) in 29, and Article 86 (absence without leave) in 21. Every sentence figure below covers all the charges in a case, including these other offenses.

Confinement Terms

Of 136 convictions, 126 included confinement. The median confinement was 6 months, the same as for all Army convictions in those years. A quarter of the sentences here were 1.6 years or longer.

Only 7% of convictions had no confinement, compared with 17% Army-wide. Sentences longer than one year were more common: 43 of 136 (32%), compared with 28%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

General Versus Special Courts-Martial

General courts-martial heard 95 of the 131 cases with a court level listed (73%), about the same as the 72% across all Army convictions. The median confinement at general courts-martial was 1 year. Special courts-martial cap confinement at one year and cannot adjudge a dishonorable discharge. They heard 36 cases, and the median confinement was 3 months. The court level is not listed for 5 cases.

The contested share was 23% at general courts-martial and 11% at special courts-martial.

Discharges After Conviction

Of 128 convicted enlisted members, 95 received a bad-conduct or dishonorable discharge (74%). Across all Army convictions, the share was 73%. Of the 95 discharges, 23 were dishonorable.

The group includes 8 convicted officers or warrant officers, and 4 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation, which these records do not cover.

How Many Cases Were Contested?

Of the 136 accused, 110 pleaded guilty and 26 contested at least one charge. The contested share was 19%, about the same as the 21% for all Army convictions. Of the guilty pleas, 101 are recorded with a plea agreement and 9 have no entry. Army records show whether an agreement existed but not its terms.

This post includes only convictions, so every contested case here ended with at least one guilty finding. 22 of the 26 contested cases (85%) ended in a partial acquittal: not guilty of at least one charge or specification, guilty of another. Army results list findings charge by charge.

Panels Heard Most Contested Cases

Overall, 12% of cases with the forum listed went to members: 14 enlisted panels and 2 officer panels. A military judge alone decided the other 120. The accused usually makes that choice.

Among contested cases, members heard 16 of the 26 (62%). Most judge-alone cases are guilty pleas, so the overall split mostly follows how many cases were contested.

Rank of the Accused

By rank, 93 accused were junior enlisted (E-1 to E-4), 35 were NCOs (E-5 to E-9), and 8 were officers or warrant officers. Across all Army convictions, 57% were junior enlisted. This group was more junior.

Years, Installations, and Rule Changes

The cases were tried from January 2021 to December 2025. The count was highest in 2021, with 38 cases. There were 22 in 2022, 25 in 2023, 27 in 2024, and 24 in 2025. The services were required to begin publishing trial records under Article 140a by December 2020, and Army records in this data are sparse before 2021.

Fort Bragg and Fort Bliss had 15 cases each. Joint Base Lewis-McChord had 12, Fort Campbell 11, and Fort Hood 10. Those five installations had 46% of the 136 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.

Since December 28, 2023, special trial counsel have decided whether to prosecute covered offenses such as domestic violence. For offenses after December 27, 2023, the military judge sets the sentence within new parameters. Both rules depend on offense dates, which the records do not give, so trials from 2024 on include cases under both sets of rules.

What the Records Do Not Show

The records show charges, pleas, findings, and sentences. They do not show the evidence, the plea terms, the offense dates, or disobedience handled through nonjudicial punishment instead of a court-martial.

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.