What Sentence Follows an Army Insubordination Conviction?
The records hold 36 Army courts-martial from 2021–2025 that ended in a conviction including Article 91 (insubordination). These cases were contested 44% of the time, compared with 21% in all Army convictions.
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Short answer: The records hold 36 Army courts-martial from 2021–2025 that ended in a conviction including Article 91 (insubordination). These cases were contested 44% of the time, compared with 21% in all Army convictions. A punitive discharge was adjudged for 50% of convicted enlisted members, compared with 73% Army-wide.
Many Convictions Followed a Contested Trial
This post covers only Army convictions in which Article 91 was among the charges. Of 36 cases, 16 were contested and 20 were guilty pleas. A contested case is one with a not-guilty or mixed plea. The contested share was 44%, higher than the 21% across all Army convictions in the same years.
Every case here ended in at least one conviction. A contested case can still include not-guilty findings on some charges. Army results list findings charge by charge, so partial acquittals are common in Army data.
Shorter Median Confinement
Confinement was part of 81% of the 36 convictions. Half of those terms were 4 months or less, shorter than the 6-month median across Army convictions. A quarter of the terms were 1 year or longer, and 1 was a life sentence.
These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case, so a long sentence includes punishment for all the findings, not the Article 91 charge alone.
Sentence Lengths
Terms under 6 months made up 53% of these convictions, compared with 39% Army-wide. Terms of 6 months to 1 year made up 11%, compared with 16%. Terms of more than 1 year and under 5 years made up 6%, compared with 20%.
Sentences longer than one year were less common: 17% here, compared with 28% Army-wide. Terms of 5 years or more were the exception: 4 convictions (11%), compared with 8%.
| Adjudged confinement | Convictions | Share here | Share, all Army convictions in those years |
|---|---|---|---|
| No confinement | 7 | 19% | 17% |
| Under 6 months | 19 | 53% | 39% |
| 6 months to 1 year | 4 | 11% | 16% |
| More than 1 year, under 5 years | 2 | 6% | 20% |
| 5 years or more | 4 | 11% | 8% |
Fewer Punitive Discharges
Of 36 convicted enlisted members, 18 received a bad-conduct or dishonorable discharge (50%). Across Army convictions, the share was 73%. Of the 18 discharges, 5 were dishonorable.
A punitive discharge is a bad-conduct or dishonorable discharge adjudged by a court-martial. A sentence without one does not rule out a later administrative separation, which these records do not show.
More Special Courts-Martial Than Usual
There were 17 general and 17 special courts-martial, and the level is not listed for 2. The general share was 50%, lower than the 72% in all Army convictions. A special court-martial caps confinement at one year and cannot adjudge a dishonorable discharge. A general court-martial can impose any lawful sentence.
The median confinement was 5 months at general courts-martial and 55 days at special courts-martial. Special courts-martial were contested more often: 53%, compared with 29% of general courts-martial.
Panels, Pleas, and Plea Agreements
Members heard 19% of the cases, all with enlisted panels (7 in total). A military judge alone decided the other 29. Among contested cases, members heard 7 of 16 (44%). The accused usually chooses between a judge alone and members.
Army records show whether a guilty plea came with a plea agreement but not what it said. Of the 20 guilty pleas, 19 are recorded with an agreement, and 1 has no entry.
Charges and Rank
Article 91 was the only charge in 1 of 36 cases. The others also charged Article 128 (assault) in 13 cases, Article 90 (disobeying an officer) in 11, Article 86 (AWOL) in 11, Article 89 (disrespect) in 11, and Article 134 (the general article) in 8.
Junior enlisted members (E-1 to E-4) were 67% of the accused and NCOs 33%. Officers were 0%. Across Army convictions, junior enlisted members were 57%. Wheeler Army Airfield had the most cases (5). Fort Hood and Fort Bragg had 4 each, and Fort Riley and Fort Sill had 3 each. Those five installations had 53% of the total. Larger installations try more cases of every kind.
Years and Rule Changes
The cases were tried from January 2021 to December 2025. There were 12 in 2021, 11 in 2022, 6 in 2023, 2 in 2024, and 5 in 2025. Public trial records under Article 140a began in December 2020, and Army data starts then.
Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses. When every guilty finding is for an offense after December 27, 2023, the judge sentences within new sentencing parameters. These rules depend on offense dates, which the records do not give, so trials from 2024 on include cases under both the old and new rules.
What the Records Do Not Show
The records show charges, pleas, findings, and sentences. They do not show the evidence, the terms of any plea agreement, or misconduct handled through nonjudicial punishment or administrative action.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Army courts-martial tried 2021–2025: ending in a conviction under Article 91 (insubordination) (36 cases), compared with all Army convictions in those years.
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Article 91 (Insubordinate Conduct Toward NCO): Court-Martial Data and Trends (hub)
- Sentences (hub)
- Fewer or More? Insubordination Charges at Army Courts-Martial, 2021–2025
- Not Guilty Pleas in Army Article 91 Cases: What Happened at Trial
- When Army Accused Plead Guilty to Insubordination
- How Much Confinement for an Article 91 Conviction in the Air Force? (another service)
- What Sentence Follows a Navy-Marine Corps Insubordination Conviction? (another service)
- Search every case in 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. This analysis is for education and information only. It is not legal advice, and every case is different.