False Official Statement Plus AWOL: Courts-Martial Charging Articles 107 and 86

Trends › By Offense › Article 107 › With Article 86

Based on 51 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Shorter Terms Than in Article 107 Cases

Of 50 cases that ended in a conviction on at least one charge, 41 included confinement (82%). The median confinement was 4 months, shorter than the 6 months across Article 107 cases. A quarter of terms were 8 months or more. All of these are adjudged sentences, before any plea-agreement cap, clemency, or appeal. They cover every charge in the case.

Terms under 6 months made up 48% of convictions, compared with 38% in the wider Article 107 group. Terms between 6 months and 1 year made up 18%, compared with 22%. Terms longer than one year were given in 8 of 50 convictions (16%), about the same as the 18% for Article 107 cases. Terms of 5 years or more made up 4%. Convictions with no confinement made up 18%, compared with 23%.

Most Cases Were Special Courts-Martial

Only 13 of the 49 cases with a court level listed were general courts-martial (27%), compared with 43% across Article 107 cases. The other 36 with a level listed were special courts-martial. The level is missing for 2. A special court-martial is limited to one year of confinement and cannot impose a dishonorable discharge.

The general courts-martial had a median confinement of 2.3 years, and 45% were contested. The special courts-martial had a median of 3 months, and 28% were contested. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal.

Few Full Acquittals

Pleas are recorded in 42 of the 51 cases: 27 guilty pleas and 15 contested cases. A contested case is one where the accused pleads not guilty to at least one charge. The contested share was 36%, about the same as the 34% for Article 107 cases overall.

Of the 15 contested cases that reached a verdict, 1 ended in a full acquittal, and 4 ended in a partial acquittal. The full-acquittal rate was 7%, lower than the 15% across Article 107 cases. With a group this small, 1 verdict changes the rate by a large amount.

Discharges After Conviction

Of 44 convicted enlisted members, 29 received a punitive discharge: 23 bad-conduct discharges and 6 dishonorable discharges. Across Article 107 cases, the punitive discharge rate was 60%. Neither of the 2 convicted officers or warrant officers was dismissed.

A punitive discharge is imposed as part of the sentence. A member without one can still be separated administratively.

Drug and Disrespect Charges in the Same Cases

Article 112a (drug) was charged in 18 of the 51 cases. Article 92 (orders violation) and Article 121 (larceny) were each charged in 13, and Article 89 (disrespect) in 7. Across all Article 107 cases, a false official statement was the only charge in 61 of 636 cases.

Among the accused with rank recorded, 30 were junior enlisted members, 15 were NCOs, and 2 were officers. This group was more junior than Article 107 cases generally.

Years and Installations

The cases run from March 2013 to September 2026. There were 8 cases in 2021 and 8 in 2023, and 7 in 2017. There were none in 2019. The 2026 count of 1 is a partial year.

San Diego, California, Camp Lejeune, North Carolina, and Bremerton, Washington tried 5 cases each. Fort Sill tried 4, and Norfolk, Virginia tried 3. Together these installations account for 43% of the total. Larger installations try more of every kind of case, so a high count alone does not show a local problem.

Rules and What the Records Do Not Show

The Military Justice Act of 2016 took effect on January 1, 2019. It brought fixed panel sizes, judge-alone special courts-martial, and written plea agreements. Cases with offenses from before 2019 kept the old rules. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses. For offenses after December 27, 2023, the military judge sets the sentence within new parameters.

The records do not give offense dates. They cannot sort cases by which rules applied or show whether a change affected these numbers. They also do not include the evidence, plea terms, or conduct handled outside a court-martial.

For what the offense covers and how it is defended, see Article 107 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.