Fighting an Army Orders Violation Charge: How Contested Cases Ended

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Based on 102 cases · 2021–2025 · Army records · data updated October 24, 2026

Fewer Discharges Than Other Contested Cases

Article 92 covers failing to obey a lawful order or regulation and dereliction of duty. In the 102 contested Army cases that included it from January 2021 through December 2025, 31 of 69 convicted enlisted members received a punitive discharge: 13 bad-conduct and 18 dishonorable. Across all contested Army cases, the share was 64%.

Of officers and warrant officers, 7 were convicted and 2 were dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation, which these records do not track.

Verdicts

Every case was contested: the accused pleaded not guilty to at least one charge. There were 0 guilty pleas. Of the 102 cases, 26 ended in a full acquittal. The full-acquittal rate was 25%, compared with 38% Army-wide.

Another 62 ended in a partial acquittal: the accused was found not guilty of at least one charge or specification and guilty of another. Army results list findings charge by charge, so partial acquittals are common.

Members and Judges

Contested cases decided by members ended in a full acquittal 27% of the time (13 of 48). Cases decided by a military judge alone ended in a full acquittal 21% of the time (11 of 52). These 100 cases are the decided contested cases with the forum listed.

Judges alone decided 52 of these cases and panels decided 48 (48%). The panels were 44 enlisted panels and 4 officer panels. The accused usually chooses the forum, so judges and panels heard different kinds of cases.

Many Convictions Had No Confinement

Of 76 convictions, 51 included confinement. The median confinement was 1 year, shorter than the 1.5 years for all contested Army cases. A quarter of sentences were 4 years or longer, and 1 was a life sentence.

Sentences longer than one year were adjudged in 25 of 76 convictions (33%), compared with 44% Army-wide. No confinement was adjudged in 25 convictions (33%), compared with 25% in the comparison group. Terms under 6 months made up another 25%. Sentences of 5 years or more made up 14%, about the same as the 15% Army figure. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and they cover every charge.

Sentences by Court Level

General courts-martial tried 78 cases and special courts-martial 24. At general courts-martial, 76% of convictions included confinement, and the median was 1.1 years. At special courts-martial, 23% did, and the median was 2 months.

The general share was 76%, lower than the 85% across contested Army cases. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

Orders Charges With Serious Offenses

Article 92 was charged with at least one other article in 95 of the 102 cases. Article 120 (sexual assault) appeared in 45 cases, Article 128 (assault) in 37, Article 134 (general article) in 29, Article 93 (maltreatment) in 20, and Article 107 (false official statement) in 14.

The sentence covers every charge, so the long sentences in this group include punishment for all the convictions in the case. The records cannot separate the punishment for the orders violation.

Mostly NCOs

NCOs (E-5 to E-9) were the largest group of accused, 69 of 102. There were 24 junior enlisted members (E-1 to E-4) and 9 officers or warrant officers. Across all contested Army cases, junior enlisted members were 44%, so this group was more senior.

There were 39 cases in 2021, 28 in 2022, 15 in 2023, 13 in 2024, and 7 in 2025. The records cannot show why the count went down. Fort Hood tried 13 cases, Fort Bragg 11, Joint Base Lewis-McChord 9, Vilseck (Europe) 8, and Fort Knox 6. Those five installations had 46% of the cases. Larger installations try more cases of every kind.

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, domestic violence, and murder. For offenses after December 27, 2023, the military judge sets the sentence within new parameters. The records do not include offense dates, so trials from 2024 on include cases under both sets of rules.

The records show charges, pleas, findings, and sentences. They do not show the evidence, the order or regulation involved, the plea terms, or conduct handled outside a court-martial.

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.