Drug Plus Orders Violation: Courts-Martial Charging Articles 112a and 92

Trends › By Offense › Article 112a › With Article 92

Based on 228 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

How Many Cases, and When?

Drug charges and orders violations were charged together in 228 courts-martial tried from March 2013 to October 2026. There were 2 cases in 2016 and 26 in 2017. The highest count was 38 in 2021. From 2022 through 2025, each year had between 12 and 24 cases. The 2026 count of 8 covers part of the year.

With this many cases, a single outcome changes the percentages less than in a small group. The comparison group in this post is all Army, Navy, and Marine Corps cases charging Article 112a.

Few Contested Cases Ended in a Full Acquittal

Of the 28 contested cases that reached a verdict, 3 ended in a full acquittal (11%). The full-acquittal rate for all Article 112a cases was 40%.

Another 12 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 ends in a sentence for the charges that resulted in a conviction.

The Contested Share Was About the Same

The plea is listed in 165 of the 228 records. In 137, the accused pleaded guilty. In 28, the accused contested at least one charge, through a not-guilty plea or a mixed plea. The contested share was 17%, about the same as the 18% for all Article 112a cases.

The contested share was similar at both court levels: 19% at general courts-martial and 16% at special courts-martial.

Sentences Were Similar, With More Long Sentences

Of 225 convictions, 199 included confinement. The median confinement was 6 months, about the same as the 5 months for the comparison group. A quarter of the sentences were 1 year or longer.

Long sentences were somewhat more common. Sentences over one year were given in 47 of 225 convictions (21%), compared with 16%. 26 convictions (12%) included no confinement, compared with 10%. 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

General courts-martial made up 37% of the cases (85 of 228). The other 143 were special courts-martial. Only a general court-martial can impose more than one year of confinement or a dishonorable discharge. A special court-martial is capped at one year.

The median confinement was 1.2 years at general courts-martial and 4 months at special courts-martial.

Most Punitive Discharges Were Bad-Conduct Discharges

Of 216 convicted enlisted members, 172 received a punitive discharge. That is the 80% in the short answer above. There were 146 bad-conduct discharges and 26 dishonorable discharges. For all Article 112a cases, the share with a punitive discharge was 70%.

The records list 5 convicted officers or warrant officers. 2 of them were dismissed. When no punitive discharge was adjudged, an administrative separation could still follow. Those decisions are not in these records.

Rank and Other Charges

The accused were 172 junior enlisted members, 47 NCOs, and 5 officers. The records describe this mix as similar to all Article 112a cases. Most of the accused were junior enlisted members, and few were officers.

Other charges were common. Article 86 (AWOL) was charged in 34 cases, Article 128 (assault) in 33, Article 121 (larceny) in 24, and Article 81 (conspiracy) in 22. A sentence covers every charge of conviction, so the sentence figures include these charges.

Where the Cases Were Tried

Camp Lejeune, North Carolina had 41 cases and Camp Pendleton, California had 30. San Diego, California had 17, Bremerton, Washington had 11, and Fort Riley had 8. These 5 installations account for 47% of the 228 cases. Larger installations try more cases of every kind, so a high count does not by itself point to a problem at any base.

Rule Changes and What the Records Do 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 when the offense happened. The records list only when the trial happened, so they cannot show whether either change affected these figures.

The records also do not show the evidence, the plea terms, or any drug or orders case handled 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.