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# When Article 113 and Article 134 Are Charged Together, How Do Cases End?
- URL: https://www.bodiesburied.com/trends/article-113-and-article-134-charged-together/
- Published: 2026-10-30T08:16:02.000Z
- Updated: 2026-10-30T08:16:02.000Z
- Description: The records include 17 Army, Navy, and Marine Corps courts-martial from 2021–2026 that charged both Article 113 (misbehavior of a sentinel before 2019; drunken or reckless driving since) and Article 134 (general article).
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 113, Article 134

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 113](https://www.bodiesburied.com/trends/article-113-courts-martial/) › With Article 134

**Short answer:** The records include 17 Army, Navy, and Marine Corps courts-martial from 2021–2026 that charged both Article 113 (misbehavior of a sentinel before 2019; drunken or reckless driving since) and Article 134 (general article). The median confinement was 11 months, compared with 4 months in all Army, Navy, and Marine Corps cases charging Article 113\. 75% of convicted enlisted members received a punitive discharge, against 45%.

Based on 17 cases · 2021–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

## Confinement Compared

All 17 cases ended in a conviction, and 14 of the sentences carried confinement. The middle sentence was 11 months. For all Army, Navy, and Marine Corps cases charging Article 113, it was 4 months.

A quarter of the terms were 2.5 years or longer. These numbers are sentences adjudged at trial for the whole case. They do not account for a plea-agreement cap, clemency, or appeal.

## Punitive Discharges

A punitive discharge followed 75% of enlisted convictions: 8 bad-conduct discharges and 4 dishonorable discharges. In all Army, Navy, and Marine Corps cases charging Article 113, the share was 45%.

Members who did not receive a punitive discharge could still face an administrative separation, which these records do not show.

## General Courts-Martial

11 of the 16 cases with a court level listed were general courts-martial (69%). The court level is not listed for 1 case. In all Army, Navy, and Marine Corps cases charging Article 113, the general share was 34%.

Confinement over one year and a dishonorable discharge can be adjudged only at a general court-martial.

## Driving-Related and Other Charges

Article 134 was charged in all 17 cases. Article 128 (assault) appeared in 5, Article 92 (orders violation) in 4, Article 111 (leaving the scene of an accident) in 3, and Article 114 (endangerment) in 3\. Article 134 covers a range of conduct, and the records do not show which Article 134 offense was charged in each case.

## Pleas

6 cases were contested with a not-guilty or mixed plea, and 11 were guilty pleas. The contested share of 35% compares with 22% in all Army, Navy, and Marine Corps cases charging Article 113.

## Rank

Among the accused with rank recorded, 11 were junior enlisted (E-1 to E-4) and 5 were NCOs (E-5 to E-9). No officers or warrant officers appear. The sheet calls this mix more junior than all Army, Navy, and Marine Corps cases charging Article 113, where 56% were junior enlisted.

## Trial Years

The cases were tried from May 2021 to May 2026: 2 in 2021, 2 in 2022, 7 in 2023, 3 in 2024, 1 in 2025, and 2 in 2026, a partial year. The year with the most trials was 2023.

## Rules and Limits

Since December 28, 2023, special trial counsel have decided whether to prosecute covered offenses, and new sentencing parameters apply when every guilty finding is for an offense after December 27, 2023\. Because the records have trial dates only, trials from 2024 on may fall under either set of rules.

The evidence and the plea terms are not described in these records.

For what the offense covers and how it is defended, see [Article 113 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-113/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army, Navy, and Marine Corps courts-martial that charged both Article 113 and Article 134 (17 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](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Article 113 (Misbehavior of a Sentinel Before 2019, Drunken or Reckless Driving Since): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-113-courts-martial/) (hub)
- [Article 134 (General Article): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-134-courts-martial/) (hub)
- [When Article 113 and Article 128 Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-113-and-article-128-charged-together/)
- [When Article 113 and Article 92 Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-113-and-article-92-charged-together/)
- [Articles 113 and 90 in the Same Case: What the Records Show](https://www.bodiesburied.com/trends/article-113-and-article-90-charged-together/)
- [Is Army Drunken Or Reckless Driving Prosecution Rising or Falling? Article 113, 2021–2025](https://www.bodiesburied.com/trends/army-article-113-trend-2021-2025/)
- [Air Force Article 113 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/air-force-article-113-trend-2021-2025/)
- [Article 113 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-113/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.