Junior Enlisted (E-1 to E-4) Charged Under Article 91 in the Army

Trends › By Offense › Article 91 › Junior Enlisted (E-1 to E-4)

Based on 27 cases · 2021–2025 · Army records · data updated October 24, 2026

More Discharges for the Lowest Ranks

Of the 26 convicted junior enlisted members, 62% received a punitive discharge. The records show 14 bad-conduct discharges and 2 dishonorable discharges. Across all Army Article 91 cases, the share was 48%.

For enlisted members, the punitive discharges are the bad-conduct discharge and the dishonorable discharge. A sentence without either does not rule out a later administrative separation, which these records do not track.

Most Pleaded Guilty

Of 27 accused, 18 pleaded guilty and 9 contested at least one charge. The contested share was 33%. Across all Army Article 91 cases, 47% were contested, so cases in this group were contested less often.

Plea agreements are recorded for 17 of the 18 guilty pleas, and 1 has no entry. Army records show only whether an agreement existed, not what it said. Any sentence cap in an agreement does not appear in this data.

Almost All Convictions Included Confinement

Confinement was part of 92% of the 26 convictions. Half of those terms were 4 months or less, the same as the 4-month median across all Army Article 91 cases. A quarter were 1 year or longer.

Only 8% of convictions here had no confinement, compared with 20% in the wider group. Terms under 6 months made up 62%, compared with 52%. Sentences longer than one year were about as common as across Army Article 91 cases: 4 of 26 (15%), compared with 18%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

Results at Each Court Level

A general court-martial can impose any lawful sentence, including a dishonorable discharge. A special court-martial caps confinement at one year and cannot adjudge a dishonorable discharge. General courts-martial heard 62% of the 26 cases with a court level listed (16 of 26), and special courts-martial heard 10. The court level is not listed for 1 case.

At general courts-martial, 100% of convictions included confinement, and the median was 5 months. At special courts-martial, 8 of 9 did, and the median was 2 months.

Other Charges in the Same Cases

Of the 27 cases, 25 charged at least one more article. Article 128 (assault) appeared in 12 cases and Article 90 (disobeying an officer) in 7. Article 86 (AWOL), Article 134 (general article), and Article 115 (communicating threats) each appeared in 5.

A sentence covers every charge in the case. The confinement and discharge figures above include punishment for these other offenses.

Few Cases Went to a Panel

The accused usually chooses whether a military judge alone or a panel of members decides guilt. Of the cases with the forum listed, 24 were decided by a judge alone and 3 by enlisted panels. Members heard 11%. No case went to an officer panel.

Most judge-alone cases are guilty pleas, so the small panel share matches the small number of contested cases.

Junior Enlisted Members Only

Every accused in this group was a junior enlisted member. Across all Army Article 91 cases, 63% of the accused were junior enlisted, so this group includes most of the Army's Article 91 cases.

Years and Installations

The 27 cases were tried between January 2021 and September 2025. There were 9 in 2021, 9 in 2022, 4 in 2023, 3 in 2024, and 2 in 2025. Army records in this data are sparse before 2021.

Fort Hood had 4 cases. Fort Riley, Fort Bragg, and Joint Base Lewis-McChord had 3 each, and Vilseck (Europe) had 2. Those five installations had 56% of the 27 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.

Rule Changes and What the Records Do Not Show

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault and domestic violence. Judges also sentence within new parameters when every guilty finding is for an offense after December 27, 2023. The records list trial dates, not offense dates, so cases from 2024 on include cases under both the old and new rules.

Insubordination handled through nonjudicial punishment or administrative separation is not included. The records do not show the evidence or the terms of any plea agreement. With only 27 cases, a few outcomes can change the percentages noticeably.

Dates and sources for the law changes mentioned here: 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.