Articles 92 and 93 in the Same Case: What the Records Show

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Based on 44 cases · 2013–2025 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Most of These Cases Were Contested

Only 8 accused pleaded guilty. Another 29 pleaded not guilty to at least one charge, which makes a case contested. The plea is not listed in 7 records.

The contested share was 78%. Across all Army, Navy, and Marine Corps cases charging Article 92, it was 33%. Article 93 covers cruelty toward, oppression of, or maltreatment of a person subject to the accused's orders. So these cases involve an accused and a person under the accused's orders.

A 52% Full-Acquittal Rate

Of the 29 contested cases that reached a verdict, 15 ended in a full acquittal. That rate, 52%, compares with 22% across all Article 92 cases.

Another 13 contested cases ended in a partial acquittal: not guilty of at least one charge or specification, and guilty of another. Few contested cases ended in a conviction on every charge.

Most of the Accused Were NCOs

NCOs made up 76% of the accused. Junior enlisted members (E-1 to E-4) and officers made up 12% each. In all Article 92 cases, junior enlisted members made up 50% of the accused.

General courts-martial heard 20 of the 42 cases with a court level listed (48%), and special courts-martial heard the rest.

Officers were 12% of the accused in this group of 44 cases. For an officer, the equivalent of a punitive discharge is a dismissal.

Most Convictions Included No Confinement

Of 27 convictions, only 9 included confinement. The table shows that 18 convictions (67%) included no confinement, compared with 25% for all Article 92 cases.

When confinement was imposed, the median was 6 months, compared with 4 months for all Article 92 cases. A quarter of those terms were 8 years or longer. These are adjudged sentences from trial, before any plea-agreement cap, clemency, or appeal. Each covers all the charges in the case.

A Few Very Long Sentences

Sentences of more than 1 year followed 4 of 27 convictions (15%), the same as the 15% in the Article 92 comparison group. But all 4 were 5 years or more, and 0 were between 1 year and 5 years.

At the 20 general courts-martial, which can impose any lawful sentence, the median confinement was 8 years. At the 22 special courts-martial, which are capped at 1 year, the median was 2 months. Cases were contested at about the same rate at both levels: 83% and 82%. The court level is not listed for 2 cases.

Compared with all Article 92 cases, terms under 6 months made up 15% of convictions here, compared with 42%. Terms from 6 months to 1 year made up 4%, compared with 18%. Terms of 5 years or more made up 15%, compared with 4%. So most convictions here had no confinement, a few had very long sentences, and few were in between.

Discharges and Dismissals

Of 23 convicted enlisted members, 8 received a bad-conduct or dishonorable discharge (35%). That is less often than the 54% for all Article 92 cases. Of those 8 discharges, 4 were dishonorable discharges, which only a general court-martial can impose.

The records list 4 convicted officers or warrant officers, and 2 were dismissed. Dismissal is the officer equivalent of a punitive discharge.

Other Charges in These Cases

Assault (Article 128) was charged in 17 of the 44 cases. Sexual assault (Article 120) was charged in 11, the general article (Article 134) in 8, and false official statement (Article 107) in 7.

A court-martial imposes 1 sentence for the whole case. So the confinement figures above include these other charges as well as the 2 main articles. The records do not break a sentence down by charge.

Cases by Year and Installation

The 44 cases were tried from January 2013 to October 2025. Several years had 0 cases. The highest count was 14 cases in 2021. There were 6 cases in 2022, 5 in 2023, and 7 in 2024.

Fort Knox had 4 cases. MCAS Miramar, California and Joint Base San Antonio-Fort Sam Houston had 3 each, and Vicenza (Europe) and Joint Base Lewis-McChord had 2 each. These installations account for only 32% of the total, so the cases are spread across many locations.

Limits of the Records

The records give trial dates, not offense dates. So they cannot sort cases by the rules that changed on January 1, 2019, and December 28, 2023. The records do not describe the evidence or the plea terms. They do not include maltreatment allegations resolved by nonjudicial punishment, administrative action, or no action.

For what the offense covers and how it is defended, see Article 92 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.