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Understanding Trends

When Article 134 and Article 93 Are Charged Together, How Do Cases End?

From 2017–2026, 24 Army, Navy, and Marine Corps courts-martial charged both Article 134 (general article) and Article 93 (maltreatment). 68% were contested cases, against 26% in all Army, Navy, and Marine Corps cases charging Article 134.

Understanding Trends in Military Practice · 4 min read

Trends › By Offense › Article 134 › With Article 93

Short answer: From 2017–2026, 24 Army, Navy, and Marine Corps courts-martial charged both Article 134 (general article) and Article 93 (maltreatment). 68% were contested cases, against 26% in all Army, Navy, and Marine Corps cases charging Article 134. 4 of 15 contested cases that reached a verdict ended in a full acquittal (27%), higher than the 18% in that group.

Based on 24 cases · 2017–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

A Group With Many NCOs and Officers

15 accused were NCOs (E-5 to E-9), 7 were officers or warrant officers, and 2 were junior enlisted members (E-1 to E-4). That mix was more senior than all Army, Navy, and Marine Corps cases charging Article 134, where 55% were junior enlisted.

Most Cases Were Contested

22 of the 24 records list the plea. 15 accused contested at least one charge and 7 pleaded guilty. The contested share of 68% was higher than the 26% in the comparison group.

Of the 15 contested cases that reached a verdict, 4 ended in a full acquittal (27%), compared with 18% in all Army, Navy, and Marine Corps cases charging Article 134. 9 more ended in a partial acquittal, meaning not guilty of at least one charge or specification but guilty of another.

Confinement in 13 of 20 Convictions

20 cases ended in a conviction on at least one charge. 13 of those sentences included confinement (65%), and 7 convictions (35%) brought none, against 13% in the comparison group.

The median confinement was 6 months, shorter than the 1.3 years in all Army, Navy, and Marine Corps cases charging Article 134. 6 of 20 convictions (30%) brought more than 1 year, against 48%. A quarter of the sentences that included confinement were 2.7 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 134
No confinement735%13%
Under 6 months630%21%
6 months to 1 year15%18%
More than 1 year, under 5 years525%35%
5 years or more15%13%

Discharges and Dismissals

50% of the enlisted convictions ended with a punitive discharge: 3 bad-conduct discharges and 4 dishonorable discharges. The comparison share was 78%.

6 convicted officers or warrant officers appear, and 3 were dismissed. A sentence without a punitive discharge or dismissal does not rule out a later administrative separation.

Sexual Assault and Other Charges

No case charged Article 134 by itself. Besides Article 93 (maltreatment) in all 24, the most common charges were Article 128 (assault) in 10 cases, and Article 107 (false official statement), Article 92 (orders violation), and Article 120 (sexual assault) in 8 each.

Court Level and Installations

16 of the 23 cases with a court level listed were general courts-martial (70%), and the rest were special courts-martial. The court level is not listed for 1 case. Only a general court-martial can adjudge more than 1 year of confinement or a dishonorable discharge.

Fort Bragg had 3 cases. Vilseck (Europe), Joint Base Lewis-McChord, Camp Humphreys, and Fort Stewart had 2 each. Larger installations try more cases of every kind.

Years and Limits

The cases ran from October 2017 to June 2026, with 7 in 2021 and 6 in 2024. 2026 is a partial year. 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. They also do not show the evidence, the plea terms, or cases handled by nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 134 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 134 and Article 93 (24 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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