Articles 131b and 92 in the Same Case: What the Records Show

Trends › By Offense › Article 131b › With Article 92

Based on 106 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Few Contested Cases Ended in a Full Acquittal

A contested case is one where the accused entered a not-guilty or mixed plea. Only 3 of the 26 contested cases that reached a verdict ended in a full acquittal. That rate, 12%, compares with 23% across all Army, Navy, and Marine Corps cases charging Article 131b.

Partial acquittals were more common. In 11 contested cases, the accused was acquitted of at least one charge or specification and convicted of another.

Fewer Punitive Discharges Than in All Obstruction Cases

A punitive discharge followed 63% of enlisted convictions in this group: 45 bad-conduct discharges and 17 dishonorable discharges. The share across all obstruction cases in these services was 71%.

The records list 3 convicted officers or warrant officers, and 1 was dismissed. A sentence without a punitive discharge does not prevent an administrative separation later.

Pleas Were About the Same as in All Obstruction Cases

The plea appears in 78 of the 106 records: 52 guilty pleas and 26 contested cases. The contested share, 33%, is about the same as the 34% for all Article 131b cases. The plea is missing for many cases in this group. So the contested share describes the 78 cases with a plea listed, not all 106.

Confinement Followed Most Convictions

Confinement was part of 81% of the 103 convictions. The median confinement was 10 months, the same as the 10-month median for all obstruction cases. A quarter of the terms were 1.7 years or longer. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Sentences of more than 1 year followed 34 of 103 convictions (33%), about the same as the 34% in the comparison group. Terms of 5 years or more followed 5 convictions (5%), compared with 10%. Another 20 convictions (19%) included no confinement, compared with 15%.

General and Special Courts-Martial

General courts-martial heard 59 of the 106 cases (56%), about the same as the 57% for all Article 131b cases. Special courts-martial heard 47. A special court-martial caps confinement at 1 year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

At general courts-martial, confinement followed 89% of convictions, and the median confinement was 1.5 years. At special courts-martial, confinement followed 70% of convictions, and the median was 3 months. So convictions without confinement were more common at special courts-martial in this group.

About as Many NCOs as Junior Enlisted Members

The accused were 51 junior enlisted members, 50 NCOs, and 3 officers. This group is more senior than all obstruction cases in these services.

The most common other charges were Article 107 (false official statement), in 25 cases, and Article 128 (assault), in 22. Article 112a (drug) and Article 134 (general article) were charged in 20 each. Across all Article 131b cases, only 21 of 367 charged obstruction alone.

Trial Years and Locations

The 106 cases were tried from January 2013 to October 2026. Each year had fewer than 10 cases until 2019 and 2020, which had 10 each. There were 15 cases in 2021 and 16 in 2022. After that, there were between 6 and 9 cases each year. The 2026 count covers only part of the year.

Camp Lejeune, North Carolina had 15 of these cases. Camp Pendleton, California had 9, San Diego, California had 8, Bremerton, Washington had 7, and Parris Island, South Carolina had 6. These five installations account for 42% of the total. Larger installations try more cases of every kind.

What the Records Do Not Show

The Military Justice Act of 2016 took effect on January 1, 2019. Further changes for covered offenses began on December 28, 2023. The records give the trial date, not the offense date. So they cannot separate cases tried under the old and new rules, and they cannot show whether a rule change affected these figures.

Orders violations and obstruction handled through nonjudicial punishment, administrative separation, or no action are not included. The evidence and the plea terms are not part of the records.

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.