When Article 80 and Article 92 Are Charged Together, How Do Cases End?
None of the 16 contested cases that charged attempt (Article 80) together with an orders violation (Article 92) and reached a verdict ended in a full acquittal. For all Article 80 cases, the rate was 23%.
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Trends › By Offense › Article 80 › With Article 92
Short answer: None of the 16 contested cases that charged attempt (Article 80) together with an orders violation (Article 92) and reached a verdict ended in a full acquittal. For all Article 80 cases, the rate was 23%. Across 50 Army, Navy, and Marine Corps courts-martial from 2014–2026, punitive discharges were also less common: they followed 68% of enlisted convictions, compared with 84%.
Contested Cases, No Full Acquittals
A contested case is one with a not-guilty or mixed plea. Of the 39 cases with a recorded plea, 16 were contested and 23 were guilty pleas. The contested share, 41%, is higher than the 33% for all Army, Navy, and Marine Corps cases charging Article 80.
None of the 16 contested cases that reached a verdict ended in a full acquittal: 0 of 16. Across all attempt cases, the full-acquittal rate was 23%. The group is small, so the comparison shows a direction more than a precise difference. Another 8 contested cases ended in a partial acquittal, with an acquittal on at least one charge or specification and a conviction on another.
Fewer Punitive Discharges
A punitive discharge followed 68% of enlisted convictions in this group: 15 bad-conduct discharges and 17 dishonorable discharges. For all attempt cases in these services, the share was 84%.
The records list 2 convicted officers or warrant officers, and neither was dismissed. A sentence without a punitive discharge can still be followed by an administrative separation.
Confinement Varied Widely
Of the 50 cases, 49 ended in a conviction on at least one charge. Confinement was part of 40 of those sentences (82%). The median confinement was 1 year, compared with 1.3 years for all Article 80 cases. A quarter of the terms were 4.2 years or longer, and 1 was a life sentence.
These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case, not only the attempt and orders violation charges. The records do not link any part of a sentence to a single charge. So they cannot show which offenses led to the longer or shorter terms.
Fewer Terms Between 1 and 5 Years
Sentences of more than 1 year followed 20 of 49 convictions (41%), less often than the 52% for all attempt cases. The difference is in terms of more than 1 year but under 5 years: 11 convictions (22%), compared with 35%.
No confinement was part of 9 convictions (18%), compared with 10%. Terms of 5 years or more followed another 9 convictions (18%), about the same as the 17% comparison share.
| Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 80 |
|---|---|---|---|
| No confinement | 9 | 18% | 10% |
| Under 6 months | 10 | 20% | 18% |
| 6 months to 1 year | 10 | 20% | 20% |
| More than 1 year, under 5 years | 11 | 22% | 35% |
| 5 years or more | 9 | 18% | 17% |
Sentences at Each Court Level
General courts-martial heard 34 of the 50 cases (68%), compared with 79% for all Article 80 cases. Special courts-martial heard 16. A general court-martial can impose any lawful sentence. A special court-martial is capped at 1 year of confinement and cannot impose a dishonorable discharge.
At general courts-martial, the median confinement was 2.5 years, and 48% of cases were contested. At special courts-martial, the median was 5 months, and 20% of cases were contested. A special court-martial cannot impose more than 1 year. So every term longer than 1 year here, including the life sentence, came from a general court-martial.
More NCOs Than Junior Enlisted Members
NCOs made up 51% of the accused, junior enlisted members (E-1 to E-4) 45%, and officers 4%. Across all attempt cases, junior enlisted members made up 54%, so this group is somewhat more senior.
Article 112a (drug) and Article 128 (assault) were each charged in 14 of these cases. Article 120 (sexual assault) and Article 121 (larceny) were each charged in 10. Across all attempt cases, 116 of 622 charged Article 80 alone.
Years and Installations
The 50 cases were tried from March 2014 to October 2026. Most years had 1 to 6 cases. The highest count was 12 cases in 2021. The 2026 count covers only part of the year.
San Diego, California had 9 of these cases, Camp Lejeune, North Carolina had 8, and Fort Hood had 6. Quantico, Virginia and Norfolk, Virginia had 3 each. These five installations account for 58% of the total. Larger installations try more cases of every kind.
What the Records Do Not Include
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. The records list trial dates, not offense dates, so they cannot show which rules applied to each case.
Nonjudicial punishment, administrative separations, and cases with no action are not counted. The evidence and the plea terms are not described.
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 92 (50 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 92 (Failure to Obey Order or Regulation): Court-Martial Data and Trends (hub)
- Attempt Plus Conspiracy: Courts-Martial Charging Articles 80 and 81
- Articles 80 and 82 in the Same Case: What the Records Show
- Articles 80 and 90 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.