Articles 115 and 80 in the Same Case: What the Records Show

Trends › By Offense › Article 115 › With Article 80

Based on 13 cases · 2021–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Long Confinement Terms

All 13 cases ended in a conviction on at least one charge, and 11 of those sentences included confinement (85%). The median confinement was 2.5 years, longer than the 6 months median in all Army, Navy, and Marine Corps cases charging Article 115.

Among the sentences that included confinement, a quarter were 10 years or longer. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case. Article 80 covers attempts to commit other offenses.

Most Accused Pleaded Guilty

Guilty pleas resolved 11 cases. Only 2 were contested, meaning a not-guilty or mixed plea to at least one charge. The contested share of 15% is lower than the 37% in all Army, Navy, and Marine Corps cases charging Article 115.

Punitive Discharges

Of 12 convicted enlisted members, 10 received a punitive discharge: 6 bad-conduct discharges and 4 dishonorable discharges. In all Army, Navy, and Marine Corps cases charging Article 115, the punitive discharge share was 67%.

The group includes 1 convicted officer or warrant officer, who was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Charges Paired With Article 115

All 13 cases charged at least one other article, with Article 80 in each. Article 128 (assault) was charged in 9 cases, Article 90 (disobeying an officer) in 5, Article 134 (general article) in 4, and Article 128b (domestic violence) in 3.

Rank and Court Level

The accused were 7 junior enlisted members (E-1 to E-4), 5 NCOs (E-5 to E-9), and 1 officer or warrant officer. That mix is more senior than all Army, Navy, and Marine Corps cases charging Article 115, where 62% were junior enlisted.

General courts-martial heard 8 of the 13 cases (62%), and special courts-martial heard the rest. Only a general court-martial can impose more than one year of confinement or a dishonorable discharge.

Years, Rules, and Limits

The trials took place from January 2021 through March 2026. By year: 2021: 6, 2022: 3, 2023: 2, 2024: 0, 2025: 0, and 2026: 2. The 2026 count is a partial year.

Special trial counsel have decided whether to prosecute covered offenses such as sexual assault, domestic violence, and murder since December 28, 2023. Judges sentence within new parameters when every guilty finding is for an offense after December 27, 2023. The records give trial dates only, so they cannot show which rules applied to each case.

Courts-martial are the only cases in these records. Nonjudicial punishment, administrative separation, the evidence, and plea terms are not shown.

For what the offense covers and how it is defended, see Article 115 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

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.