When Article 112a and Article 87a Are Charged Together, How Do Cases End?
The records show 18 Army, Navy, and Marine Corps courts-martial from 2015–2023 that charged both Article 112a (drug) and Article 87a (resisting apprehension, numbered since 2019).
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Trends › By Offense › Article 112a › With Article 87a
Short answer: The records show 18 Army, Navy, and Marine Corps courts-martial from 2015–2023 that charged both Article 112a (drug) and Article 87a (resisting apprehension, numbered since 2019). 89% of convicted enlisted members received a punitive discharge, compared with 70% in all Army, Navy, and Marine Corps cases charging Article 112a. The median confinement was 9 months, against 5 months.
Punitive Discharges in 16 of 18 Convictions
16 of 18 convicted enlisted members left with a punitive discharge: 13 bad-conduct discharges and 3 dishonorable discharges. The share in all Army, Navy, and Marine Corps cases charging Article 112a was 70%.
No officers were charged in these cases. A sentence without a punitive discharge does not rule out a later administrative separation.
Every Conviction Included Confinement
All 18 cases ended in a conviction, and all 18 sentences carried confinement. The middle sentence was 9 months, longer than the 5 months for all Army, Navy, and Marine Corps cases charging Article 112a. A quarter of the terms were 1 year or longer.
The numbers are adjudged sentences, as set at trial for every charge in the case. A plea-agreement cap, clemency, or appeal may have changed them afterward.
Junior Enlisted Accused
16 accused were junior enlisted (E-1 to E-4) and 2 were NCOs (E-5 to E-9). The sheet describes this mix as more junior than all Army, Navy, and Marine Corps cases charging Article 112a, where 76% were junior enlisted.
Pleas
14 of the 18 records list the plea. 10 accused pleaded guilty and 4 contested at least one charge. The contested share, 29%, compares with 18% in all Army, Navy, and Marine Corps cases charging Article 112a. A case counts as contested when the accused pleads not guilty to at least one charge.
Court Level
6 cases were general courts-martial and 12 were special courts-martial. The general share, 33%, compares with 27% in all Army, Navy, and Marine Corps cases charging Article 112a.
A special court-martial can adjudge a bad-conduct discharge but not a dishonorable discharge, and its confinement limit is one year.
Other Charges
Article 87a appeared in all 18 cases. The next most common were Article 86 (AWOL) in 8, Article 121 (larceny) in 6, and Article 90 (disobeying an officer) and Article 92 (orders violation) in 5 each.
Trial Years
The cases were tried from May 2015 to April 2023. There were 2 in each year from 2015 through 2018, 1 in 2019, 1 in 2020, 5 in 2021, 2 in 2022, and 1 in 2023. The year with the most trials was 2021.
Rules and Limits
The Military Justice Act of 2016 took effect on January 1, 2019. It set fixed panel sizes, introduced written plea agreements, and added a judge-alone special court-martial capped at six months. Cases with offenses before 2019 kept the old rules, but the records give only trial dates.
Nonjudicial punishment, administrative separation, evidence, and plea terms are outside 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.
How We Counted
Army, Navy, and Marine Corps courts-martial that charged both Article 112a and Article 87a (18 cases). Air Force cases are left out because Air Force records rarely list the charges in acquittals.
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
- Article 112a (Wrongful Use, Possession of Controlled Substances): Court-Martial Data and Trends (hub)
- Article 87a (Resisting Apprehension, Numbered Since 2019): Court-Martial Data and Trends (hub)
- Drug Plus Orders Violation: Courts-Martial Charging Articles 112a and 92
- When Article 112a and Article 81 Are Charged Together, How Do Cases End?
- Drug Plus AWOL: Courts-Martial Charging Articles 112a and 86
- Army Article 112a Cases by the Numbers, 2021–2025
- Are Air Force Drug Courts-Martial Disappearing? Article 112a, 2016–2025
- Article 112a explained on the law firm's website
- Search every case in Military Trial Results (members)
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.