When Article 112a and Article 81 Are Charged Together, How Do Cases End?

Trends › By Offense › Article 112a › With Article 81

Based on 170 cases · 2014–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

How Many Cases, and When?

The records hold 170 courts-martial that charged a drug offense and conspiracy together. They were tried from July 2014 through September 2026. There were 16 cases in 2016, 24 in 2017, 37 in 2021 (the highest count), and 21 in 2022.

Counts have been lower since then: 7 in 2023, 6 in 2024, and 10 in 2025. The 2026 count of 4 covers only part of the year.

Most Cases Ended in a Guilty Plea

The plea is listed in 139 records. 123 were guilty pleas and 16 were not-guilty or mixed pleas, which makes a case contested. The contested share was 12%, lower than the 18% for all Army, Navy, and Marine Corps cases charging Article 112a.

At general courts-martial, 19% of cases were contested. At special courts-martial, 5% were. There were few contested cases, so the acquittal figures below are based on a small number of trials.

What Happened in Contested Cases?

Of the 16 contested cases that reached a verdict, 1 ended in a full acquittal (6%). In the comparison group, the rate was 40%.

Another 6 contested cases ended in a partial acquittal. In a partial acquittal, the accused is found not guilty of at least one charge or specification and guilty of another. A partial acquittal still results in a conviction and a sentence.

How Much Confinement?

Of 169 convictions, 160 included confinement. The median confinement was 9 months, compared with 5 months for all Article 112a cases. A quarter of the sentences were 1.3 years or longer.

The most common length was 6 months to 1 year: 62 convictions (37%), compared with 27% in the comparison group. Sentences longer than one year were given in 52 of 169 convictions (31%), compared with 16%. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

General and Special Courts-Martial

There were 82 general courts-martial (48%) and 88 special courts-martial. 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.

The median confinement was 1.3 years at general courts-martial and 6 months at special courts-martial. A special court-martial cannot adjudge more than one year, so all 52 convictions with more than one year of confinement were at general courts-martial.

How Often Was There a Punitive Discharge?

Of 167 convicted enlisted members, 146 received a punitive discharge: 114 bad-conduct discharges and 32 dishonorable discharges. For all Article 112a cases in these services, the share was 70%.

The records list 1 convicted officer or warrant officer, who was dismissed. A member who received no punitive discharge at trial could still face an administrative separation, which these court records do not include.

Rank and Other Charges

Junior enlisted members (E-1 to E-4) made up 86% of the accused, NCOs (E-5 to E-9) 14%, and officers 1%. For all Article 112a cases, junior enlisted members were 76%. This group had a higher share of junior enlisted members than the comparison group.

Other charges were common. Article 92 (orders violation) was charged in 22 cases, Article 131b (obstruction, numbered since 2019) in 18, Article 80 (attempt) in 17, and Article 107 (false official statement) in 15.

Bremerton Had the Most Cases

Bremerton, Washington had 23 cases, the most of any installation. Norfolk, Virginia had 18, San Diego, California had 16, Camp Lejeune, North Carolina had 14, and Marine Corps Base Hawaii, Kaneohe Bay had 11. These 5 installations account for 48% of the 170 cases.

A large installation tries more cases of every kind. A high count does not by itself mean a base has a problem with drug conspiracy.

What the Records Do Not Show

The rules changed during these years. The Military Justice Act of 2016 took effect on January 1, 2019, and further changes have applied since December 28, 2023. The records give trial dates, not offense dates. They cannot sort cases by which rules applied or show whether either change affected outcomes.

The evidence, the plea terms, and cases handled by nonjudicial punishment or administrative separation are not in these records.

For what the offense covers and how it is defended, see Article 112a on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare · Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025

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.