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Understanding Trends

When Article 131b and Article 80 Are Charged Together, How Do Cases End?

From 2014–2026, 27 Army, Navy, and Marine Corps courts-martial charged both Article 131b (obstruction, numbered since 2019) and Article 80 (attempt). The median confinement was 2.6 years, compared with 10 months in all Army, Navy, and Marine Corps cases charging Article 131b.

Understanding Trends in Military Practice · 4 min read

Trends › By Offense › Article 131b › With Article 80

Short answer: From 2014–2026, 27 Army, Navy, and Marine Corps courts-martial charged both Article 131b (obstruction, numbered since 2019) and Article 80 (attempt). The median confinement was 2.6 years, compared with 10 months in all Army, Navy, and Marine Corps cases charging Article 131b. Only 1 of 11 contested cases that reached a verdict ended in a full acquittal (9%), against 23% in that group.

Based on 27 cases · 2014–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Sentences Over 1 Year in 17 of 26 Convictions

Confinement was part of 96% of the 26 convictions. The median term was 2.6 years. In all Army, Navy, and Marine Corps cases charging Article 131b, the median was 10 months.

17 of 26 convictions (65%) brought more than 1 year of confinement, compared with 34% in the comparison group. 10 convictions (38%) brought 5 years or more, against 10%. A quarter of the sentences that included confinement were 10 years or longer. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

Adjudged confinementConvictionsShare hereShare, all Army, Navy, and Marine Corps cases charging Article 131b
No confinement14%15%
Under 6 months312%30%
6 months to 1 year519%21%
More than 1 year, under 5 years727%24%
5 years or more1038%10%

Verdicts in Contested Cases

1 of the 11 contested cases that reached a verdict ended in a full acquittal (9%). That was lower than the 23% in all Army, Navy, and Marine Corps cases charging Article 131b. 4 other contested cases ended in a partial acquittal, with not-guilty findings on some charges and guilty findings on others.

Pleas

23 of the 27 records list the plea. 12 accused pleaded guilty and 11 contested at least one charge, a contested share of 48%. In all Army, Navy, and Marine Corps cases charging Article 131b, the contested share was 34%.

Punitive Discharges and Dismissal

19 of the 23 convicted enlisted members received a bad-conduct or dishonorable discharge (83%). That was more often than the 71% in the comparison group. 12 of the 19 were dishonorable discharges.

1 convicted officer or warrant officer appears, and that officer was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Conspiracy in 10 Cases

Every case charged at least 1 other article besides obstruction. Next to Article 80 (attempt) in all 27, the most common were Article 81 (conspiracy) in 10 cases, Article 121 (larceny) in 6, Article 128 (assault) in 6, and Article 92 (orders violation) in 5.

Court Level and Rank

22 cases were general courts-martial and 5 were special courts-martial. The general share of 81% was higher than the 57% in all Army, Navy, and Marine Corps cases charging Article 131b. Only a general court-martial can adjudge more than 1 year of confinement.

Junior enlisted members (E-1 to E-4) and NCOs each made up 48% of the accused, and officers 4%. In the comparison group, junior enlisted members were 55%.

Locations and Years

Joint Base Lewis-McChord and Norfolk, Virginia, had 3 cases each. Fort Huachuca, Fort Leonard Wood, and Washington, D.C., had 2 each. Larger installations try more cases of every kind.

The trials ran from February 2014 to May 2026, with the most in 2025 (6 cases) and 2021 (5 cases). Obstruction has been numbered Article 131b since 2019.

Rules and What the Records Leave Out

The Military Justice Act of 2016 took effect on January 1, 2019, and special trial counsel began deciding whether to prosecute covered offenses on December 28, 2023. The records give trial dates, not offense dates, so they cannot show which rules applied to each case. Nonjudicial punishment, administrative separation, the evidence, and the plea terms are not in these records.

Dates and sources for the law changes mentioned here: UCMJ change timeline.

How We Counted

Army, Navy, and Marine Corps courts-martial that charged both Article 131b and Article 80 (27 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.

Compare: federal court. Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences

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.

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