Articles 80 and 90 in the Same Case: What the Records Show
16 Army, Navy, and Marine Corps courts-martial from 2014–2026 charged both an attempt (Article 80) and disobeying an officer (Article 90). The median confinement was 2.6 years, longer than the 1.3 years in all cases charging Article 80.
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Short answer: 16 Army, Navy, and Marine Corps courts-martial from 2014–2026 charged both an attempt (Article 80) and disobeying an officer (Article 90). The median confinement was 2.6 years, longer than the 1.3 years in all cases charging Article 80. A quarter of the terms with confinement were 22 years or longer.
Longer Confinement Than Other Article 80 Cases
14 of the 16 convictions carried confinement. The median term was 2.6 years. In all Army, Navy, and Marine Corps cases charging Article 80, the median was 1.3 years.
A quarter of the terms with confinement were 22 years or longer. These are adjudged sentences, meaning what was imposed at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case, and many of these cases carried several other charges.
Assault Appeared in 11 of 16 Cases
No case charged Article 80 alone. Across all cases charging Article 80, 116 of 622 had no other charge. In this group, besides Article 90, Article 128 (assault) appeared in 11 cases, Article 134 (general article) in 7, Article 115 (malingering before 2019; communicating threats since) in 6, and Article 92 (orders violation) in 4.
Punitive Discharges
14 of the 16 convicted enlisted members received a bad-conduct or dishonorable discharge (88%). That is higher than the 84% in all cases charging Article 80. 7 of the 14 were dishonorable discharges.
A sentence with no punitive discharge does not rule out a later administrative separation.
Rank and Court Level
Junior enlisted members (E-1 to E-4) made up 69% of the accused and NCOs 31%. No officers were charged. In all cases charging Article 80, junior enlisted members were 54%.
There were 11 general courts-martial and 5 special courts-martial. The general share, 69%, was lower than the 79% across all cases charging Article 80. A special court-martial cannot adjudge more than one year of confinement or a dishonorable discharge.
Pleas
Pleas are listed for 15 of the 16 cases: 10 guilty pleas and 5 contested cases, meaning not-guilty or mixed pleas. The contested share, 33%, was the same as in all cases charging Article 80.
Years and Changes in the Law
The cases were tried from March 2014 to March 2026. 7 came in 2021, 3 in 2023, and 2 in 2022, with no more than 1 in any other year.
From January 1, 2019, the Military Justice Act of 2016 set fixed panel sizes, created judge-alone special courts-martial capped at six months with no punitive discharge, and added written plea agreements. From December 28, 2023, special trial counsel decide on prosecuting covered offenses, and new sentencing parameters apply to offenses after December 27, 2023. The records do not show offense dates, so the rules for any one case are unknown.
Gaps in the Data
Cases resolved by nonjudicial punishment, administrative separation, or no action are not here. The records also do not describe the evidence or any 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.
How We Counted
Army, Navy, and Marine Corps courts-martial that charged both Article 80 and Article 90 (16 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.
Related Analysis
- Article 80 (Attempts): Court-Martial Data and Trends (hub)
- Article 90 (Willfully Disobeying Superior Officer): Court-Martial Data and Trends (hub)
- When Article 80 and Article 92 Are Charged Together, How Do Cases End?
- Attempt Plus Conspiracy: Courts-Martial Charging Articles 80 and 81
- Articles 80 and 82 in the Same Case: What the Records Show
- Army Article 80 Cases by the Numbers, 2021–2025
- Fewer or More? Attempt Charges at Air Force Courts-Martial, 2016–2025
- Article 80 explained on the law firm's website
- Search every case in Military Trial Results (members)
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.