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Articles 85 and 86 in the Same Case: What the Records Show

Of 26 Army, Navy, and Marine Corps courts-martial from 2014–2026 that charged both desertion (Article 85) and AWOL (Article 86), 23 ended in a guilty plea.

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Trends › By Offense › Article 85 › With Article 86

Short answer: Of 26 Army, Navy, and Marine Corps courts-martial from 2014–2026 that charged both desertion (Article 85) and AWOL (Article 86), 23 ended in a guilty plea. Every case ended in a conviction on at least one charge, and the median confinement was 4 months, the same as in all cases charging Article 85. 20 of 24 convicted enlisted members received a punitive discharge.

Based on 26 cases · 2014–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Most of the Accused Pleaded Guilty

23 accused pleaded guilty, and 3 contested at least one charge. A contested case is one where the accused pleads not guilty to at least one charge, either a not-guilty plea or a mixed plea.

The contested share was 12%. In all Army, Navy, and Marine Corps cases charging Article 85, it was 18%. All 26 cases ended in a conviction on at least one charge.

Confinement in Nearly Every Sentence

24 of the 26 sentences included confinement (92%). The median confinement was 4 months, the same as the 4 months in all cases charging Article 85. A quarter of the sentences that included confinement were 7 months or longer.

These are adjudged sentences. They are the terms announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case, not only the desertion and AWOL charges.

Sentence Lengths by Band

Terms under 6 months were the largest group: 17 convictions (65%), compared with 56% in all cases charging Article 85. Terms of 6 months to 1 year made up 15%, compared with 17%.

Sentences longer than one year came less often here: 3 of 26 convictions (12%), compared with 15%. Of those, 2 were more than 1 year but under 5 years, and 1 was 5 years or more. 2 convictions (8%) included no confinement, compared with 12% in the wider group. Only a general court-martial can adjudge more than one year of confinement.

Adjudged confinementConvictionsShare hereShare, all Army, Navy, and Marine Corps cases charging Article 85
No confinement28%12%
Under 6 months1765%56%
6 months to 1 year415%17%
More than 1 year, under 5 years28%9%
5 years or more14%6%

Bad-Conduct and Dishonorable Discharges

Of 24 convicted enlisted members, 20 received a punitive discharge: 16 bad-conduct discharges and 4 dishonorable discharges. In all cases charging Article 85, the rate was 80%.

2 convicted officers or warrant officers appear here, and neither was dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Almost All Junior Enlisted

By rank, 24 of the accused were junior enlisted members (E-1 to E-4), none were NCOs, and 2 were officers. This group is more junior than the accused in all cases charging Article 85.

Special courts-martial heard 18 cases and general courts-martial heard 8. The general court-martial share was 31%, compared with 34% in all cases charging Article 85. A special court-martial is capped at one year of confinement and can impose a bad-conduct discharge but not a dishonorable discharge.

Other Charges in These Cases

Article 85 never appeared as the only charge. Besides Article 86, the most common other charges were Article 112a (drug) in 12 cases, Article 107 (false official statement) in 6, Article 121 (larceny) in 4, and Article 87 (missing movement) in 4.

Drug charges appeared in 12 of the 26 cases. Since each sentence covers all charges, these other offenses are part of the confinement and discharge figures.

When and Where the Cases Were Tried

The 26 cases were tried from July 2014 to May 2026. 2021 had the most, with 9 cases. 2023 had 4, and 2020 and 2022 each had 3. 2026 is a partial year.

San Diego, California, Norfolk, Virginia, and Bremerton, Washington each had 3 cases. Camp Lejeune, North Carolina and Fort Carson each had 2. Together these five locations account for 50% of the cases. Larger installations try more cases of all kinds, so these counts do not show where the conduct is more common.

Law Changes in This Period

The Military Justice Act of 2016 took effect on January 1, 2019. It set fixed panel sizes, created judge-alone special courts-martial capped at six months with no punitive discharge, and brought in written plea agreements. Cases with offenses from before 2019 kept the old rules.

Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses, and new sentencing parameters apply when every guilty finding is for an offense after December 27, 2023. Because the records show trial dates and not offense dates, trials from 2024 on mix both sets of rules.

What the Data Cannot Show

These records cover courts-martial only. They do not show the evidence, the plea terms, or absences handled through nonjudicial punishment or administrative separation.

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 85 and Article 86 (26 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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