Articles 131b and 81 in the Same Case: What the Records Show

Trends › By Offense › Article 131b › With Article 81

Based on 61 cases · 2016–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Few Cases Since 2023

The records show 61 cases between March 2016 and May 2026. Most were tried before 2023. There were 13 cases in 2018, 10 in 2019, 13 in 2021, and 10 in 2022. From 2023 through 2026, there was 1 case each year. The 2026 count covers only part of the year.

The records cannot show why this pairing has been rare in recent trials. They show only the charges brought to court.

Most Convictions Included a Punitive Discharge

A punitive discharge is a bad-conduct or dishonorable discharge for an enlisted member. A punitive discharge followed 80% of enlisted convictions in this group: 34 bad-conduct discharges and 10 dishonorable discharges. The share across all Army, Navy, and Marine Corps cases charging Article 131b was 71%.

A sentence without a punitive discharge does not rule out a later administrative separation. The records do not include administrative separations.

Fewer Contested Cases, More Full Acquittals

The plea is recorded for 43 of the 61 cases: 32 guilty pleas and 11 contested cases. A case is contested when the accused pleads not guilty to at least one charge. The contested share, 26%, is lower than the 34% for all obstruction cases in these services.

Of the 11 contested cases that reached a verdict, 4 ended in a full acquittal. That rate, 36%, is higher than the 23% in the comparison group. Another 2 ended in a partial acquittal: not guilty of at least one charge or specification and guilty of another. There are only 11 contested cases, so each verdict changes the rate by a large amount.

Confinement Was the Same as for All Obstruction Cases

Of 56 convictions, 52 included confinement (93%). The median confinement was 10 months, the same as the 10-month median across all Article 131b cases. A quarter of the terms were 1.5 years or longer. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Terms of more than 1 year followed 18 of 56 convictions (32%), about the same as the 34% for all obstruction cases. Terms from 6 months to 1 year were more common here: 17 convictions (30%), compared with 21%. Only 4 convictions (7%) included no confinement, compared with 15%. Terms of 5 years or more followed 5 convictions (9%), about the same as the 10% for all obstruction cases.

Cases Were Split Between Court Levels

General courts-martial heard 31 cases and special courts-martial heard 30. The general court-martial share, 51%, compares with 57% for all Article 131b cases. A general court-martial can impose any lawful sentence. A special court-martial caps confinement at 1 year and cannot impose a dishonorable discharge.

At general courts-martial, confinement followed 96% of convictions, and the median confinement was 1.5 years. At special courts-martial, confinement followed 89% of convictions, and the median was 5 months. A special court-martial cannot impose more than 1 year, so every longer term in this group came from a general court-martial.

All of the Accused Were Enlisted

No officers or warrant officers were among the accused. There were 39 junior enlisted members (E-1 to E-4) and 20 NCOs (E-5 to E-9). This group is more junior than all Article 131b cases, where 55% of the accused were junior enlisted.

The most common other charges were Article 92 (orders violation), in 20 cases, and Article 121 (larceny) and Article 112a (drug), in 18 each. Article 134 (general article) was charged in 11.

Most Cases Came From a Few Installations

Camp Lejeune, North Carolina and Bremerton, Washington had 10 of these cases each. Camp Pendleton, California and Norfolk, Virginia had 5 each, and Joint Base Lewis-McChord had 4. These five installations account for 56% of the 61 cases. Larger installations try more cases of every kind.

What the Data Cannot Show

Court-martial rules changed under the Military Justice Act of 2016 on January 1, 2019. They changed again for covered offenses on December 28, 2023. The records give trial dates, not offense dates, so they cannot show which rules applied to each case.

Cases handled by nonjudicial punishment or administrative separation are not included. The records do not describe the evidence or the plea terms.

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

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.