When Article 121 and Article 86 Are Charged Together, How Do Cases End?
When larceny and an AWOL charge under Article 86 were charged in the same court-martial, 79% of convicted enlisted members received a punitive discharge, compared with 64% for all Article 121 cases.
Understanding Trends in Military Practice · 5 min read
Trends › By Offense › Article 121 › With Article 86
Short answer: When larceny and an AWOL charge under Article 86 were charged in the same court-martial, 79% of convicted enlisted members received a punitive discharge, compared with 64% for all Article 121 cases. In 49 Army, Navy, and Marine Corps cases from 2013–2026, the median confinement was 6 months, about the same as the 5 months for all larceny cases.
Theft and Unauthorized Absence Together
Article 86 covers absence without leave. Article 121 covers larceny and wrongful appropriation. The 49 courts-martial here charged both, with trials from January 2013 to February 2026.
Compared with all Army, Navy, and Marine Corps cases charging Article 121, this pairing differs most in 3 ways: who was charged, how often the sentence included a punitive discharge, and how many cases were special courts-martial.
Punitive Discharges Were More Common
Of 47 convicted enlisted members, 37 received a punitive discharge. That is the 79% in the short answer. There were 32 bad-conduct discharges and 5 dishonorable discharges. For all Article 121 cases, 64% of convicted enlisted members received a punitive discharge.
A bad-conduct discharge is the less severe punitive discharge, and a special court-martial can impose it. A special court-martial cannot impose a dishonorable discharge. The 1 convicted officer or warrant officer in this group was not dismissed. A sentence without a punitive discharge can still be followed by an administrative separation.
Sentences Were Close to Other Larceny Cases
All 49 cases ended in a conviction, and 46 sentences included confinement. The median confinement was 6 months, about the same as the 5 months median for all Article 121 cases. A quarter of the sentences were 1 year or longer.
Most lengths were close to the comparison group. 22 convictions (45%) were under 6 months, compared with 43%. 16 (33%) were 6 months to 1 year, compared with 28%. Sentences of more than one year were given in 8 of 49 convictions (16%), compared with 12%. 7 of them (14%) were under 5 years, and 1 (2%) was 5 years or more, the same 2% share as the comparison group. The largest difference was in sentences with no confinement: 3 convictions (6%), compared with 17% for all Article 121 cases.
These are adjudged sentences, covering every charge in the case and set before any plea-agreement cap, clemency, or appeal.
| Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 121 |
|---|---|---|---|
| No confinement | 3 | 6% | 17% |
| Under 6 months | 22 | 45% | 43% |
| 6 months to 1 year | 16 | 33% | 28% |
| More than 1 year, under 5 years | 7 | 14% | 10% |
| 5 years or more | 1 | 2% | 2% |
Most Cases Were Special Courts-Martial
Special courts-martial heard 38 of the 49 cases. General courts-martial heard 11, or 22%. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.
The median confinement was 2.1 years at general courts-martial and 5 months at special courts-martial.
Most of the Accused Pleaded Guilty
A case is contested when the accused pleads not guilty to at least one charge. The plea is listed in 39 records: 35 were guilty pleas and 4 were contested. The contested share was 10%, compared with 15% for all Article 121 cases. With so few contested cases, the records say little about verdicts in this pairing.
Most of the Accused Were Junior Enlisted
Junior enlisted members (E-1 to E-4) made up 67% of the accused, compared with 51% for all Article 121 cases. NCOs were 31% and officers were 2%.
This group had more junior enlisted members, more special courts-martial, and mostly short sentences. The records cannot show whether these patterns are connected.
Drug Charges Were Common
Article 112a (drug) was charged in 21 of the 49 cases. Article 92 (orders violation) was charged in 15, Article 107 (false official statement) in 13, and Article 80 (attempt) in 7. In the comparison group, 190 of 675 Article 121 cases charged larceny alone.
Years and Installations
The highest yearly counts were 6 in 2013, 7 in 2014, and 7 in 2021. The other years had between 1 and 5 cases. There was 1 case in 2025 and 1 in 2026, a partial year.
San Diego, California had 9 cases, Camp Lejeune, North Carolina 6, Norfolk, Virginia 4, and Jacksonville, Florida and Washington, D.C. 3 each. These installations account for 51% of the 49 cases. Larger installations try more cases of every kind, so high counts do not show a problem at a base.
What the Data Does Not Show
Military justice rules changed during this period, including the Military Justice Act of 2016, which took effect on January 1, 2019. Which rules applied depends on the offense date, and these records give only trial dates. The records also do not show the evidence, the plea terms, nonjudicial punishment, or administrative separations, and 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.
How We Counted
Army, Navy, and Marine Corps courts-martial that charged both Article 121 and Article 86 (49 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 121 (Larceny): Court-Martial Data and Trends (hub)
- Article 86 (AWOL): Court-Martial Data and Trends (hub)
- Articles 121 and 92 in the Same Case: What the Records Show
- Larceny Plus Conspiracy: Courts-Martial Charging Articles 121 and 81
- Articles 121 and 80 in the Same Case: What the Records Show
- Army Article 121 Cases by the Numbers, 2021–2025
- Air Force Article 121 Cases by the Numbers, 2016–2025
- Article 121 explained on the law firm's website
- Search every case in Military Trial Results (members)
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.