Articles 80 and 82 in the Same Case: What the Records Show

Trends › By Offense › Article 80 › With Article 82

Based on 40 cases · 2016–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

A Quarter of Sentences Were 10 Years or More

Of 36 convictions, 34 included confinement (94%). The median confinement was 3.5 years, compared with 1.3 years across all Army, Navy, and Marine Corps cases charging Article 80. A quarter of the terms were 10 years or longer.

These are adjudged sentences: the sentences announced at trial, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case, so a long term covers all the findings.

Sentences by Length

Terms of 5 years or more followed 16 convictions, or 44%, compared with 17% for all attempt cases. Terms of more than 1 year but under 5 years followed 12 convictions (33%), about the same as the 35% comparison share.

In total, 28 of 36 convictions (78%) included more than 1 year of confinement, compared with 52% for all Article 80 cases. Terms from 6 months to 1 year followed only 2 convictions (6%), compared with 20%. Terms under 6 months followed 4 (11%). Another 2 convictions (6%) included no confinement, compared with 10% for all attempt cases.

Other Charges in These Cases

Article 134 (general article) was charged in 25 of the 40 cases. Article 120b (child sexual abuse) was charged in 17, Article 120 (sexual assault) in 12, and Article 128 (assault) in 9.

These counts describe the other charges in each case. The records do not link any one charge to a part of a sentence, and they do not explain why terms in this group were long.

Almost Every Case Was a General Court-Martial

General courts-martial heard 36 of the 40 cases, and special courts-martial heard 4. The general court-martial share, 90%, compares with 79% for all attempt cases. A general court-martial can impose any lawful sentence, including a dishonorable discharge. A special court-martial is limited to 1 year of confinement and a bad-conduct discharge.

A special court-martial cannot impose more than 1 year. So the long sentences described above all came from general courts-martial.

Most Discharges Were Dishonorable

Of 33 convicted enlisted members, 28 received a punitive discharge. These included 22 dishonorable discharges, the more severe type, and 6 bad-conduct discharges. For all Article 80 cases in these services, the punitive discharge share was 84%.

All 3 convicted officers or warrant officers in this group were dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out an administrative separation later.

Pleas at About the Usual Rate

The plea is listed in 29 of the 40 records. There were 20 guilty pleas and 9 contested pleas. A case is contested when the accused pleads not guilty to at least one charge. The contested share, 31%, is about the same as the 33% for all attempt cases.

Of the 40 cases, 36 ended in a conviction on at least one charge. There are only 9 contested cases, which is too few for a useful comparison of verdicts.

Rank, Years, and Installations

The accused were 17 junior enlisted members, 17 NCOs, and 4 officers. This group is more senior than all Article 80 cases. There were as many NCOs as junior enlisted members.

The 40 cases were tried from February 2016 to September 2026. Every year had few cases. The highest count was 7 in 2017. There were 5 cases in 2024, and 4 in 2026, which covers only part of the year.

Bremerton, Washington had 6 of these cases, Okinawa, Japan had 5, and Fort Hood had 4. Norfolk, Virginia and Yokosuka, Japan had 3 each. These five installations account for 52% of the total. Larger installations try more cases of every kind.

Gaps in the Records

The Military Justice Act of 2016 took effect on January 1, 2019. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses such as sexual assault. Both rules depend on the offense date, and these records give only the trial date. So recent trials include cases under both the old and new rules.

Cases handled through nonjudicial punishment, administrative separation, or no action are not included. The records do not describe the evidence or the plea terms.

For what the offense covers and how it is defended, see Article 80 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

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.