Article 92 Sentences in the Army: Confinement and Discharges, 2021–2025

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Based on 270 cases · 2021–2025 · Army records · data updated October 24, 2026

More NCOs Than the Army Average

The accused in orders-violation cases were more senior than the Army average. NCOs made up 50% of the accused, junior enlisted members (E-1 to E-4) 44%, and officers 6%. Across all Army convictions in the same years, junior enlisted members were 57%.

Article 92 covers violations of lawful orders and regulations as well as dereliction of duty, conduct that can arise at any rank.

Shorter Sentences Than Across the Army

Of 270 convictions, 214 included confinement (79%). 56 (21%) did not, compared with 17% across Army convictions. The median confinement was 4 months. A quarter of sentences were 11 months or longer. The records include 2 life sentences.

45 of 270 convictions (17%) included more than one year of confinement, compared with 28% Army-wide. Of those, 32 were more than 1 year and under 5 years, and 13 were 5 years or more. Sentences under 6 months made up 46%, compared with 39%. Sentences of 6 months to 1 year made up 17%, compared with 16%.

These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case.

Article 92 Was Usually One of Several Charges

Article 92 was the only charge in just 30 of the 270 cases. Article 128 (assault) was also charged in 69 cases, Article 134 (general article) in 62, Article 112a (drug) in 53, Article 128b (domestic violence) in 42, and Article 120 (sexual assault) in 42.

The life sentences and other long sentences in this group cover whole cases. The records do not divide a sentence among the charges in it.

Punitive Discharges

A punitive discharge followed 55% of enlisted convictions: 112 bad-conduct discharges and 27 dishonorable discharges. The Army-wide share was 73%.

Of 17 convicted officers or warrant officers, 9 were dismissed, which is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Court Level and Contested Cases

The records list 175 general courts-martial and 90 special courts-martial, with 5 not listed. The general share of 66% compares with 72% across Army convictions. A general court-martial can impose any lawful sentence; a special court-martial caps confinement at one year and cannot adjudge a dishonorable discharge.

The median confinement was 6 months at general courts-martial, where 29% of cases were contested. It was 3 months at special courts-martial, where 14% were contested. Since 2019, a special court-martial can also be heard by a military judge alone, with confinement capped at six months and no punitive discharge.

Pleas and Partial Acquittals

Of 269 records with a plea, 206 were guilty pleas and 63 were contested, meaning the accused pleaded not guilty to at least one charge. The contested share of 23% compares with 21% across Army convictions. Of the 206 guilty pleas, 188 are recorded with a plea agreement and 18 have no entry. Army records note whether there was an agreement, not what it said.

49 of the 63 contested cases ended in a partial acquittal. A partial acquittal means 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 in Army records.

Who Decided Guilt?

A military judge alone decided guilt in 236 cases (87%). Members heard 34: 31 enlisted panels and 3 officer panels. Among contested cases, members heard 31 of 63 (49%). The accused usually chooses the forum, and most judge-alone cases are guilty pleas.

Years and Installations

The number of cases by year was 69 in 2021, 73 in 2022, 44 in 2023, 54 in 2024, and 30 in 2025. Army records in this data are sparse before 2021.

Fort Bragg had the most cases, with 27, followed by Fort Hood (22), Fort Bliss (19), Fort Knox (18), and Fort Riley (17). Together they account for 38% of the 270 cases. Larger installations try more cases of every kind.

What the Records Do Not Show

The records cover courts-martial only, so orders violations handled through nonjudicial punishment, administrative separation, or no action do not appear here. The records also do not describe the evidence or the plea terms. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses. New sentencing parameters apply to offenses after December 27, 2023. The records give trial dates, not offense dates, so they cannot show which trials from 2024 on fell under these rules.

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.