How Army Maltreatment Cases Ended in 2021

Trends › By Offense › Article 93 › Army, 2021

Based on 18 cases · 2021 · Army records · data updated October 24, 2026

Most of These Cases Were Contested

Of the 18 cases, 12 were contested and 6 ended in a guilty plea. A case is contested when the accused pleads not guilty to at least one charge, through a not-guilty plea or a mixed plea.

Of the 12 contested cases that reached a verdict, 3 ended in a full acquittal and 8 ended in a partial acquittal. A partial acquittal means not guilty of at least one charge or specification but guilty of another. The full-acquittal rate, 25%, was lower than the 35% for all Army cases in 2021. Army records list findings charge by charge, so partial acquittals appear often in Army data.

Panels of Members Heard Most Contested Cases

Members decided guilt in 44% of the cases with the forum listed: 6 enlisted panels and 2 officer panels. A military judge alone decided the other 10. The accused usually chooses between a military judge alone and a panel of members.

In contested cases, members were used more often. They heard 8 of the 12 contested cases (67%).

Confinement Was Longer Than the Army Median

The 18 cases produced 15 convictions on at least one charge, and 8 of those sentences included confinement. The median confinement was 1.6 years, longer than the 6 months for all Army cases in 2021. Among the sentences with confinement, a quarter were 8 years or longer.

These are adjudged sentences, as announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case, not only the maltreatment charge.

Fewer Punitive Discharges for Enlisted Members

Of 12 convicted enlisted members, 5 received a punitive discharge: 1 bad-conduct discharge and 4 dishonorable discharges. That 42% share was lower than the 70% for all Army cases in 2021.

The records also show 3 convicted officers or warrant officers, and 1 was sentenced to dismissal, the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Most of the Accused Were NCOs

NCOs (E-5 to E-9) made up 14 of the 18 accused. There were 3 officers or warrant officers and 1 junior enlisted member (E-1 to E-4). Across all Army cases in 2021, 58% of the accused were junior enlisted, so this group was more senior.

There were 10 general courts-martial and 8 special courts-martial. The general share, 56%, was lower than the 73% for all Army cases in 2021. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Other Charges in the Same Cases

In 16 of the 18 cases, Article 93 was charged with at least one other article. Article 92 (orders violation) appeared in 12 cases, Article 128 (assault) and Article 120 (sexual assault) in 8 each, Article 134 (general article) in 7, and Article 107 (false official statement) in 5.

Because a sentence covers all charges, the confinement and discharge figures above include these other offenses.

Why There Is No Earlier Year Here

The services were required to begin publishing trial records under Article 140a by December 2020. Army records in this data are sparse before 2021, so this post does not compare these 18 cases, tried between February 2021 and December 2021, with earlier years.

What the Records Do Not Show

The records give trial dates, not offense dates. They show the charges, pleas, findings, and sentence, but not the evidence or any plea terms. Maltreatment handled through nonjudicial punishment or administrative action does not appear in them.

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.