Articles 121 and 80 in the Same Case: What the Records Show

Trends › By Offense › Article 121 › With Article 80

Based on 60 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Attempts Charged With Larceny

Article 80 makes an attempted offense a crime. In these 60 courts-martial, tried from April 2013 through January 2026, it was charged with Article 121 (larceny), the article for theft and wrongful appropriation.

The comparison group in this post is all Army, Navy, and Marine Corps cases charging Article 121. Compared with that group, this pairing had longer confinement, especially at the longest lengths, and a higher share of general courts-martial.

Sentences by Length

All 60 cases ended in a conviction, and 54 of the sentences included confinement. The median confinement was 9 months, compared with the 5 months median for all Article 121 cases. A quarter of the sentences were 2 years or longer, and 1 was a life sentence.

Sentences longer than one year were given in 18 of 60 convictions (30%), compared with 12% in the comparison group. 8 convictions (13%) were 5 years or more, compared with 2% of all Article 121 convictions. Sentences under 6 months made up 23% here, compared with 43%. The most common length was 6 months to 1 year, with 22 convictions (37%), compared with 28%. 6 convictions (10%) included no confinement, compared with 17%.

These are adjudged sentences, set at trial for every charge in the case. A plea-agreement cap, clemency, or appeal can reduce them later.

General and Special Courts-Martial

General courts-martial heard 28 of the 60 cases (47%). Their median confinement was 2 years, and 24% of those cases were contested. Special courts-martial heard 32 cases, with a median of 6 months, and 4% were contested.

Each court level has limits. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

Most of the Accused Pleaded Guilty

The plea is recorded in 52 of the 60 cases. In 45, the accused pleaded guilty. Only 7 entered a not-guilty or mixed plea, which makes a case contested. The contested share was 13%, about the same as the 15% for all Article 121 cases.

Few cases were contested, so the records do not support a full-acquittal rate or a partial-acquittal rate for this pairing.

Most Punitive Discharges Were Bad-Conduct Discharges

Of 59 convicted enlisted members, 41 received a punitive discharge (69%), compared with 64% for all Article 121 cases. There were 30 bad-conduct discharges and 11 dishonorable discharges.

The 1 convicted officer or warrant officer in the group was dismissed. Dismissal is the officer form of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Who Was Charged

The accused were 39 junior enlisted members, 20 NCOs, and 1 officer. The records describe this mix as more junior than all Article 121 cases. There were more junior enlisted members than NCOs, and only 1 case involved an officer.

Conspiracy and Other Charges

Article 81 (conspiracy) was charged in 14 of the 60 cases. Article 92 (orders violation) and Article 128 (assault) were each charged in 10, and Article 107 (false official statement) in 9. Each adjudged sentence covers all charges together, so the figures above include these other charges.

Years and Installations

Most years had between 2 and 6 cases. The highest count was 12 in 2021. The 2026 count of 1 covers part of the year.

San Diego, California had the most cases, with 12. Camp Lejeune, North Carolina had 7, Marine Corps Base Hawaii, Kaneohe Bay 5, Norfolk, Virginia 4, and Joint Base Lewis-McChord 3. These 5 installations account for 52% of the 60 cases. Larger installations try more cases of every kind, so the list does not point to a problem at any one base.

What the Records Do Not Show

Rule changes such as the Military Justice Act of 2016, effective January 1, 2019, and the sentencing parameters for offenses after December 27, 2023, depend on when the offense happened. The records give trial dates only.

The records also do not include the evidence, the terms of any plea agreement, or conduct handled through nonjudicial punishment or administrative separation. They do not explain outcomes.

For what the offense covers and how it is defended, see Article 121 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial

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.