Articles 112a and 82 in the Same Case: What the Records Show

Trends › By Offense › Article 112a › With Article 82

Based on 42 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Median Confinement Was 9 Months

Article 82 makes it a crime to solicit or advise another person to commit an offense. Of 41 convictions in these cases, 38 included confinement. The median confinement was 9 months, compared with 5 months for all Army, Navy, and Marine Corps cases charging Article 112a.

A quarter of the sentences were 1 year or longer. These are adjudged sentences, imposed at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Sentences by Length

The most common length was 6 months to 1 year: 19 convictions (46%), compared with 27% in the comparison group. Sentences under 6 months were less common: 29% compared with 47%.

Sentences longer than one year were about as common as in drug cases overall: 7 of 41 convictions (17%), compared with 16%. No sentence was 5 years or more.

The Contested Share Was the Same as Other Drug Cases

The plea is listed in 33 of the 42 cases: 27 guilty pleas and 6 contested cases. A case is contested when the accused pleads not guilty to at least one charge, through a not-guilty plea or a mixed plea.

The contested share was 18%. That is the same as for all Article 112a cases in these services. There were only 6 contested cases, and the records report no acquittal figures for this pairing.

Sentences at Each Court Level

General courts-martial made up 36% of the cases (15 of 42). The other 27 were special courts-martial. A general court-martial can impose long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

At general courts-martial, the median confinement was 1.1 years and 31% of cases were contested. At special courts-martial, the median was 7 months and 10% were contested. The 7 convictions with more than one year of confinement were all at general courts-martial, the only level that can impose that much confinement.

Punitive Discharges

A punitive discharge was part of the sentence in 78% of enlisted convictions, compared with 70% for all Article 112a cases. There were 26 bad-conduct discharges and 3 dishonorable discharges. Either court level can impose a bad-conduct discharge. Only a general court-martial can impose a dishonorable discharge.

The records list 3 convicted officers or warrant officers. 2 of them were dismissed, which is the officer form of a punitive discharge. A service member who did not receive a punitive discharge at trial can later face an administrative separation, which these records do not show.

Rank and Other Charges

Junior enlisted members (E-1 to E-4) made up 78% of the accused, NCOs 15%, and officers 7%. That is about the same as all Article 112a cases, where junior enlisted members were 76%. NCOs hold grades E-5 to E-9.

Article 81 (conspiracy) was the most common other charge, in 13 cases. Article 92 (orders violation) was charged in 9, Article 121 (larceny) in 6, and Article 80 (attempt) in 4. Each sentence covers every charge of conviction. A case with a conspiracy or larceny conviction includes that conviction in its sentence.

Years and Installations

Trials took place from November 2013 to July 2026. No year had more than 5 cases. There were 5 in 2018, 2020, and 2021, and 0 in 2015. The count of 1 in 2026 covers only part of the year.

Camp Lejeune, North Carolina had 9 cases, Bremerton, Washington 7, Norfolk, Virginia 6, Camp Pendleton, California 4, and Quantico, Virginia 2. These installations account for 67% of the 42 cases. Larger installations try more cases of every kind.

What These Records Do Not Show

This period includes 2 sets of rule changes. The Military Justice Act of 2016 took effect on January 1, 2019. Since December 28, 2023, the rules on who decides to prosecute covered offenses and how sentences are set have changed. Both depend on the offense date, which the records do not give. The data cannot link either change to any figure here.

With 42 cases, a few cases can change the percentages. The records also do not include the evidence, the plea terms, or matters resolved through nonjudicial punishment or administrative separation.

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.