Army Article 92 Cases in 2023

Trends › By Offense › Article 92 › Army, 2023

Based on 50 cases · 2023 · Army records · data updated October 24, 2026

Fewer Cases, Similar Results

There were 89 cases in 2022 and 50 in 2023. Most other measures were about the same. The contested share was 32% in 2022 and 30% in 2023. The median confinement was 4 months in both years. Enlisted punitive discharges were 59% and then 60%.

Convictions with confinement were 79% in 2022 and 87% in 2023. The general court-martial share was 69% and then 71%. Full acquittals in decided contested cases were 8 of 28 in 2022 and 3 of 15 in 2023. In groups this size, a few cases can change any of these figures.

Few Contested Cases Ended in a Full Acquittal

Of 15 contested cases that reached a verdict, 3 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.

The full-acquittal rate was 20%, lower than the 39% for all Army cases in 2023. Members heard 7 of the 15 contested cases (47%). This post does not compare acquittals by forum for this year.

Guilty Pleas at About the Army Rate

Of the 50 accused, 35 pleaded guilty and 15 contested at least one charge. A contested case is one in which the accused pleads not guilty to at least one charge. The contested share was 30%, about the same as the 31% across all Army cases in 2023.

Of the 35 guilty pleas, 33 are recorded with a plea agreement, and 2 have no entry. The records show only whether an agreement existed, not its terms. An agreement can limit the sentence, and that limit does not appear in the adjudged figures below.

Most Sentences Were Under 6 Months

Of 47 convictions, 41 included confinement. The median confinement was 4 months, shorter than the 6 months for all Army cases in 2023. A quarter of sentences were 11 months or longer.

Terms under 6 months were the largest group, with 24 convictions (51%), compared with 39% across the Army. More than one year was adjudged in 8 of 47 convictions (17%), compared with 28% Army-wide. Only 1 conviction was 5 years or more.

These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. They cover every charge in the case.

General and Special Courts-Martial

General courts-martial, the level that can impose long confinement and a dishonorable discharge, heard 35 of the 49 cases with a court level listed (71%). Special courts-martial heard 14, and the level is not listed for 1 case. A special court-martial caps confinement at one year.

At general courts-martial, 88% of convictions included confinement, and the median was 6 months. At special courts-martial, 85% did, and the median was 4 months.

A More Senior Group of Accused

The accused were 21 junior enlisted members (E-1 to E-4), 22 NCOs (E-5 to E-9), and 7 officers or warrant officers. Across all Army cases in 2023, 56% of the accused were junior enlisted. This group was more senior.

A punitive discharge was adjudged in 60% of enlisted convictions: 21 bad-conduct and 4 dishonorable. Across the Army, the share was 74%. Of 5 convicted officers or warrant officers, 2 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Other Charges and Forum

In 48 of the 50 cases, at least one other article was charged with Article 92. Article 128b (domestic violence), Article 112a (drug), and Article 128 (assault) each appeared in 12 cases, Article 134 (general article) in 10, and Article 90 (disobeying an officer) in 9. A sentence covers every conviction in the case, so the confinement terms above include these other offenses.

The accused usually chooses whether a military judge alone or a panel of members decides guilt. A judge alone decided 42 cases, enlisted panels 6, and officer panels 2. Members heard 16% of the cases, compared with 19% Army-wide.

Installations and What the Records Do Not Show

Fort Bliss tried 6 of these cases. Fort Hood, Fort Bragg, and Fort Riley tried 4 each, and Wheeler Army Airfield tried 3. Those five installations had 42% of the 50 cases. Larger installations try more cases of every kind.

Only cases that reached a courtroom are included. Orders violations resolved by nonjudicial punishment, administrative separation, or no action are not included. The records do not describe the evidence or the plea terms.

For what the offense covers and how it is defended, see Article 92 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.