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Understanding Trends

When Article 133 and Article 92 Are Charged Together, How Do Cases End?

From 2015–2026, 23 Army, Navy, and Marine Corps courts-martial charged both Article 133 (conduct unbecoming) and Article 92 (orders violation). Confinement was part of only 32% of the 22 convictions, and 1 conviction brought more than 1 year.

Understanding Trends in Military Practice · 4 min read

Trends › By Offense › Article 133 › With Article 92

Short answer: From 2015–2026, 23 Army, Navy, and Marine Corps courts-martial charged both Article 133 (conduct unbecoming) and Article 92 (orders violation). Confinement was part of only 32% of the 22 convictions, and 1 conviction brought more than 1 year. 50% of cases with a plea recorded were contested, against 44% in all Army, Navy, and Marine Corps cases charging Article 133.

Based on 23 cases · 2015–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Most Convictions Brought No Confinement

15 of the 22 convictions (68%) included no confinement, compared with 56% in all Army, Navy, and Marine Corps cases charging Article 133. Among the sentences that did include confinement, the median was 5 months. The comparison group median was 6 months.

Only 1 of 22 convictions (5%) brought more than 1 year, against 10% in the comparison group. No conviction brought 5 years or more. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Adjudged confinementConvictionsShare hereShare, all Army, Navy, and Marine Corps cases charging Article 133
No confinement1568%56%
Under 6 months418%20%
6 months to 1 year29%14%
More than 1 year, under 5 years15%4%
5 years or more00%6%

An Officer Offense

Among the accused with rank recorded, 18 were officers or warrant officers, 1 was an NCO (E-5 to E-9), and none were junior enlisted members. The comparison group also had 0% junior enlisted members.

For officers, the punitive separation is a dismissal rather than a bad-conduct or dishonorable discharge. This sheet does not give dismissal counts.

Pleas

18 of the 23 records list the plea. 9 accused pleaded guilty and 9 contested at least one charge, a contested share of 50%. In all Army, Navy, and Marine Corps cases charging Article 133, the contested share was 44%. A contested case is one with a not-guilty or mixed plea.

The sheet does not give verdicts for the contested cases. 22 of the 23 cases ended in a conviction.

False Statements and Other Charges

No case charged Article 133 by itself. Besides Article 92 (orders violation) in all 23, the most common charges were Article 134 (general article) in 7 cases, Article 107 (false official statement) in 6, Article 128 (assault) in 3, and Article 86 (AWOL) in 3.

Court Level

14 of the 21 cases with a court level listed were general courts-martial (67%), and the rest were special courts-martial. Only a general court-martial can adjudge more than 1 year of confinement.

Installations and Years

Camp Lejeune, North Carolina, had 4 cases and Norfolk, Virginia, had 3. Yokosuka, Japan, Fort Bragg, and Quantico, Virginia, had 2 each. Larger installations try more cases of every kind.

The trials ran from May 2015 to April 2026. 2021 had the most, with 5, followed by 4 in 2023. 2026 is a partial year.

Rules and Limits

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 list trial dates, not offense dates, so they cannot show which rules applied in a given case.

Nonjudicial punishment, administrative action, 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 133 and Article 92 (23 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.

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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