Drug Plus AWOL: Courts-Martial Charging Articles 112a and 86

Trends › By Offense › Article 112a › With Article 86

Based on 145 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Most Cases Ended in a Guilty Plea

The plea is listed in 122 cases. In 109, the accused pleaded guilty. In 13, the accused contested at least one charge, meaning a not-guilty or mixed plea. The contested share was 11%, lower than the 18% for all Army, Navy, and Marine Corps cases charging Article 112a.

The contested share was higher at general courts-martial. 24% of general courts-martial were contested, compared with 8% of special courts-martial.

What Happened in Contested Cases?

Of the 13 contested cases that reached a verdict, 1 ended in a full acquittal (8%). In the comparison group, the full-acquittal rate was 40%.

Another 3 contested cases ended in a partial acquittal: not guilty of at least one charge or specification, and guilty of another. With only 13 contested verdicts, one more case would change these percentages by a large amount.

Confinement Was About the Same as Other Drug Cases

Of 143 convictions, 133 included confinement. The median confinement was 4 months, about the same as the 5 months for all Article 112a cases. A quarter of the sentences were 7 months or longer.

Long sentences were less common than in the comparison group. Sentences over one year were given in 11 of 143 convictions (8%), compared with 16%. Most sentences were under 6 months: 81 convictions, or 57%, compared with 47% in the comparison group. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Most Cases Were Special Courts-Martial

There were 119 special courts-martial and 25 general courts-martial. The court level is not listed for 1 case. The general court-martial share was 17%, lower than the 27% for all Article 112a cases.

A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. The median confinement at special courts-martial was 4 months. At general courts-martial, which can impose any lawful sentence, the median was 1 year.

Most Convictions Included a Punitive Discharge

Confinement was shorter, but punitive discharges were common. A punitive discharge was part of the sentence in 74% of enlisted convictions, compared with 70% for all Article 112a cases. There were 95 bad-conduct discharges and 6 dishonorable discharges. Only a general court-martial can impose a dishonorable discharge, and 25 cases were tried at that level.

The records list 3 convicted officers or warrant officers. 1 of them was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Most of the Accused Were Junior Enlisted

Junior enlisted members (E-1 to E-4) made up 88% of the accused, NCOs 10%, and officers 2%. For all Army, Navy, and Marine Corps cases charging Article 112a, junior enlisted members were 76%.

NCOs (E-5 to E-9) and officers were a small part of this group. The sentence and discharge figures above describe the lowest enlisted grades almost entirely.

Other Charges in These Cases

Article 92 (orders violation) was charged in 34 cases, Article 121 (larceny) in 21, Article 107 (false official statement) in 18, and Article 128 (assault) in 13. Each sentence above covers all charges of conviction, not only the drug and absence charges.

Where and When the Cases Were Tried

San Diego, California had 27 cases and Bremerton, Washington had 22. Camp Lejeune, North Carolina had 16, Norfolk, Virginia had 15, and Jacksonville, Florida had 11. These 5 installations account for 63% of the 145 cases. Larger installations try more cases of every kind.

Trials took place from January 2013 to June 2026. There were 7 cases in 2013 and 20 in 2014. From 2015 through 2024, each year had between 8 and 15 cases. There were 3 cases in 2025. The 2026 count of 4 covers part of the year.

What the Data Does Not Show

The Military Justice Act of 2016 took effect on January 1, 2019, and further changes have applied since December 28, 2023. Both depend on the offense date, which the records do not give. The records cannot show whether either change affected these cases.

The data includes only cases tried by court-martial. Nonjudicial punishment and administrative separations are not in these records. The evidence and the plea terms are not described.

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.