What the Army Tried in February 2023
Drug charges were more common than usual in the Army's 32 courts-martial in February 2023. Article 112a appeared in 19% of cases, compared with 8% for the Army across 2023. 22% of cases were contested, compared with 31% for the year.
Understanding Trends in Military Practice · 6 min read
Trends › By Year › February 2023
Short answer: Drug charges were more common than usual in the Army's 32 courts-martial in February 2023. Article 112a appeared in 19% of cases, compared with 8% for the Army across 2023. 22% of cases were contested, compared with 31% for the year. 70% of convicted enlisted members received a punitive discharge.
Drug Cases and Domestic Violence
All 32 records list their charges, and each article counts once per case. Article 112a (wrongful use, possession of controlled substances) appeared in 6 cases (19%), compared with 8% for the year. Article 128b (domestic violence) appeared in 8 cases (25%), compared with 21%.
Article 120 (rape and sexual assault) and Article 128 (assault) each appeared in 22% of cases. Their shares for the year were 21% and 26%. Article 134 (general article) was less common than for the year: 16% compared with 24%. Article 92 (failure to obey order or regulation) appeared in 9%, compared with 11% for the year. Article 120b (rape and sexual assault of a child) and Article 90 (willfully disobeying superior officer) each appeared in 6% of cases, compared with 8% and 7%.
| UCMJ Article | Cases | Share here | Share, the Army for all of 2023 |
|---|---|---|---|
| Art. 128b Domestic violence | 8 | 25% | 21% |
| Art. 120 Rape and sexual assault | 7 | 22% | 21% |
| Art. 128 Assault | 7 | 22% | 26% |
| Art. 112a Wrongful use, possession of controlled substances | 6 | 19% | 8% |
| Art. 134 General article | 5 | 16% | 24% |
| Art. 92 Failure to obey order or regulation | 3 | 9% | 11% |
| Art. 120b Rape and sexual assault of a child | 2 | 6% | 8% |
| Art. 90 Willfully disobeying superior officer | 2 | 6% | 7% |
Most Cases Were Guilty Pleas
The month recorded 25 guilty pleas and 7 not-guilty or mixed pleas. A plea of not guilty to at least one charge makes a case contested. 22% of cases were contested, compared with 31% for the Army in 2023.
Each of the 25 guilty pleas has a plea agreement on record. Army records show that an agreement existed but not what it contained. Of the 7 contested cases, 3 ended in a full acquittal.
Confinement by Court Level
Confinement was part of 86% of the 29 convictions. The median confinement was 6 months, the same as for the Army in 2023. A quarter of sentences were 1.9 years or longer.
Sentences differed by court level. At general courts-martial (22 cases), 90% of convictions included confinement, and the median was 1 year. At special courts-martial (10 cases), 7 of 9 convictions did, and the median was 3 months. A special court-martial cannot adjudge more than one year of confinement or a dishonorable discharge.
8 of 29 convictions (28%) included more than one year of confinement, the same share as the year. The other sentence lengths were also close to the Army figures. 12 convictions (41%) included under 6 months, compared with 39%. 4 (14%) included no confinement, compared with 16%. 2 (7%) were 5 years or more, compared with 8%. Every figure is an adjudged sentence covering all charges, before any plea-agreement cap, clemency, or appeal.
| Adjudged confinement | Convictions | Share here | Share, the Army for all of 2023 |
|---|---|---|---|
| No confinement | 4 | 14% | 16% |
| Under 6 months | 12 | 41% | 39% |
| 6 months to 1 year | 5 | 17% | 16% |
| More than 1 year, under 5 years | 6 | 21% | 21% |
| 5 years or more | 2 | 7% | 8% |
Punitive Discharges
Among 27 convicted enlisted members, 19 received a bad-conduct or dishonorable discharge (70%), compared with 74% for the Army in 2023. Of those 19, 5 were dishonorable.
The month also included 2 convicted officers or warrant officers, and neither was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation, which these records do not cover.
More Junior Enlisted Accused
Junior enlisted members (E-1 to E-4) made up 69% of the accused, compared with 56% across the Army that year. NCOs were 22% and officers 9%.
General courts-martial, which can impose long confinement and a dishonorable discharge, heard 22 of 32 cases (69%). Special courts-martial heard the rest. Since 2019, a special court-martial may also be tried by a military judge alone with confinement capped at six months and no punitive discharge.
Few Cases Went to Members
A military judge alone decided guilt in 27 of 32 cases (84%). Members heard 5: 4 enlisted panels and 1 officer panel. Most guilty pleas go to a military judge alone, so the forum split follows the low contested share. The accused usually chooses between a military judge and members.
Compared With February 2022
February 2022 had 28 cases, compared with 32 in February 2023. The contested share went from 46% to 22%. Full acquittals in contested cases that reached a verdict went from 7 of 13 to 3 of 7.
Punitive discharges for convicted enlisted members went from 85% to 70%. The median confinement was 6 months in both months. Convictions with confinement were 86% in both. The general court-martial share went from 68% to 69%. These are small groups, so a few cases can account for a change.
| February 2022 | February 2023 | |
|---|---|---|
| Cases | 28 | 32 |
| Contested (of pleas recorded) | 46% | 22% |
| Full acquittals (decided contested) | 7 of 13 | 3 of 7 |
| Convictions with confinement | 86% | 86% |
| Median confinement | 6 months | 6 months |
| Punitive discharge (enlisted) | 85% | 70% |
| General courts-martial | 68% | 69% |
Installations and What the Records Do Not Show
Fort Bliss and Fort Hood tried 4 cases each, and Fort McNair, Fort Campbell, and Joint Base Elmendorf-Richardson 2 each. Those five had 44% of the month's cases. Larger installations try more of every kind of case.
The data shows charges, pleas, findings, and adjudged sentences by trial date. It does not show offense dates, evidence, the terms of plea agreements, or conduct handled through nonjudicial punishment or administrative separation.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Army courts-martial with a trial date in February 2023 (32 cases), compared with the whole year.
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
- Army Courts-Martial: Data and Trends (hub)
- By Year (hub)
- Army Courts-Martial, January 2023: The Month in Review (previous / next)
- Army Courts-Martial, March 2023: The Month in Review (previous / next)
- The Army Court-Martial Year, 2023 (the whole year)
- April 2023 at Army Courts-Martial: 49 Cases
- April 2024 at Army Courts-Martial: 46 Cases
- Army Courts-Martial, August 2025: The Month in Review
- Army Courts-Martial, December 2024: The Month in Review
- 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.