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# Articles 87a and 92 in the Same Case: What the Records Show
- URL: https://www.bodiesburied.com/trends/article-87a-and-article-92-charged-together/
- Published: 2026-10-30T08:15:47.000Z
- Updated: 2026-10-30T08:15:47.000Z
- Description: The records hold 22 Army, Navy, and Marine Corps courts-martial from 2015–2026 that charged both resisting apprehension (Article 87a, numbered since 2019) and an orders violation (Article 92).
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 87a, Article 92

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 87a](https://www.bodiesburied.com/trends/article-87a-courts-martial/) › With Article 92

**Short answer:** The records hold 22 Army, Navy, and Marine Corps courts-martial from 2015–2026 that charged both resisting apprehension (Article 87a, numbered since 2019) and an orders violation (Article 92). The median confinement was 8 months, compared with 6 months in all cases charging Article 87a, and 1 sentence was life. A punitive discharge followed 55% of enlisted convictions, compared with 71%.

Based on 22 cases · 2015–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

## A Wide Range of Sentence Lengths

All 22 cases ended in a conviction on at least one charge, and 19 of the sentences included confinement (86%). The median confinement was 8 months. In all Army, Navy, and Marine Corps cases charging Article 87a, the median was 6 months.

A quarter of the sentences with confinement were 1.1 years or longer, and 1 of them was a life sentence. Sentences of 5 years or more made up 14% of convictions here, compared with 6% in the wider group. Sentences longer than one year overall came in 6 of 22 convictions (27%), compared with 24%.

| Adjudged confinement            | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 87a |
| ------------------------------- | ----------- | ---------- | ------------------------------------------------------------------ |
| No confinement                  | 3           | 14%        | 8%                                                                 |
| Under 6 months                  | 9           | 41%        | 46%                                                                |
| 6 months to 1 year              | 4           | 18%        | 22%                                                                |
| More than 1 year, under 5 years | 3           | 14%        | 18%                                                                |
| 5 years or more                 | 3           | 14%        | 6%                                                                 |

## General and Special Courts-Martial Compared

General courts-martial heard 12 of the cases (55%), compared with 44% in all cases charging Article 87a. At the general level, 83% of convictions included confinement, with a median of 1.1 years. At the 10 special courts-martial, 90% of convictions included confinement, with a median of 3 months.

The two court levels have different sentence limits. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial is capped at one year of confinement and cannot impose a dishonorable discharge.

## Shorter Terms Were Still the Largest Group

Terms under 6 months made up 41% of convictions, compared with 46% in all cases charging Article 87a. Terms of 6 months to 1 year made up 18%, compared with 22%. 3 convictions (14%) included no confinement, compared with 8%.

These are adjudged sentences, as announced at trial and before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

## Punitive Discharges

A punitive discharge followed 55% of enlisted convictions: 9 bad-conduct discharges and 3 dishonorable discharges. In all cases charging Article 87a, the rate was 71%.

A sentence without a punitive discharge does not rule out a later administrative separation. Those separations are handled outside the court-martial and are not in these records.

## Pleas and Contested Cases

The plea is listed in 21 of the 22 records. 14 accused pleaded guilty and 7 contested at least one charge, meaning a not-guilty or mixed plea. The contested share was 33%, compared with 22% in all cases charging Article 87a. This data does not break out verdict results for the 7 contested cases, so full and partial acquittals cannot be reported for this pairing.

## Charges Filed Alongside These Two

Article 87a never appeared alone in these cases. Besides Article 92, the most common other charges were Article 128 (assault) in 9 cases, Article 89 (disrespect) in 5, Article 90 (disobeying an officer) in 5, and Article 134 (general article) in 5.

Article 87a is the number used for resisting apprehension since 2019\. Because every sentence covers all charges in the case, the assault and other charges are part of the sentence figures.

## Who Was Charged, and Where

Junior enlisted members (E-1 to E-4) made up 77% of the accused, the same share as in all cases charging Article 87a. NCOs made up 23%, and no officers appear.

Camp Lejeune, North Carolina and Fort Bragg had 4 cases each. Joint Base Lewis-McChord and Marine Corps Base Hawaii, Kaneohe Bay had 2 each, and Camp Pendleton, California had 1\. These five locations account for 59% of the 22 cases. Larger installations try more cases of every kind, so a high count does not show where this conduct is more common.

## Timing and Law Changes

The cases were tried from May 2015 to February 2026\. 2021 had the most, with 9 cases, and no case appears from 2017 through 2020\. 2026 is a partial year.

The Military Justice Act of 2016 took effect on January 1, 2019, adding fixed panel sizes, judge-alone special courts-martial capped at six months with no punitive discharge, and written plea agreements. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses, and new sentencing parameters apply to offenses after December 27, 2023\. The records give trial dates, not offense dates, so trials from 2024 on mix old-rule and new-rule cases.

## What These Records Leave Out

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

Dates and sources for the law changes mentioned here: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army, Navy, and Marine Corps courts-martial that charged both Article 87a and Article 92 (22 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](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Article 87a (Resisting Apprehension, Numbered Since 2019): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-87a-courts-martial/) (hub)
- [Article 92 (Failure to Obey Order or Regulation): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-92-courts-martial/) (hub)
- [Fewer or More? Resisting Apprehension Charges at Army Courts-Martial, 2021–2025](https://www.bodiesburied.com/trends/army-article-87a-trend-2021-2025/)
- [How Has Article 87a Changed in Air Force Courts-Martial Since 2016?](https://www.bodiesburied.com/trends/air-force-article-87a-trend-2016-2025/)
- [AWOL Plus Disrespect: Courts-Martial Charging Articles 86 and 89](https://www.bodiesburied.com/trends/article-86-and-article-89-charged-together/)
- [Article 127 Plus General Article: Courts-Martial Charging Articles 127 and 134](https://www.bodiesburied.com/trends/article-127-and-article-134-charged-together/)
- [Articles 107 and 115 in the Same Case: What the Records Show](https://www.bodiesburied.com/trends/article-107-and-article-115-charged-together/)
- [Articles 107 and 120 in the Same Case: What the Records Show](https://www.bodiesburied.com/trends/article-107-and-article-120-charged-together/)
- [Articles 107 and 120c in the Same Case: What the Records Show](https://www.bodiesburied.com/trends/article-107-and-article-120c-charged-together/)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.