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# Manslaughter Convictions of NCOs (E-5 to E-9): Courts-Martial Compared With Federal Court
- URL: https://www.bodiesburied.com/trends/federal-manslaughter-ncos-vs-federal-court/
- Published: 2026-11-03T01:39:23.000Z
- Updated: 2026-11-03T01:39:23.000Z
- Description: NCOs (E-5 to E-9) convicted of manslaughter under Article 119 had a median adjudged confinement of 32 months, based on 10 convictions with trial dates from 2021 to 2025. Federal court had a median prison term of 63 months for 737 people sentenced in fiscal years 2016 to 2025. The NCO group is very s
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Murder and Manslaughter](https://www.bodiesburied.com/trends/federal-murder-manslaughter-vs-courts-martial/) › Manslaughter: NCOs

**In brief:** NCOs (E-5 to E-9) convicted of manslaughter under Article 119 had a median adjudged confinement of 32 months, based on 10 convictions with trial dates from 2021 to 2025\. Federal court had a median prison term of 63 months for 737 people sentenced in fiscal years 2016 to 2025\. The NCO group is very small, and its median differs from the median for all ranks.

Updated November 2, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025 · Military Trial Results

This post uses the U.S. Sentencing Commission's records of 737 people sentenced in federal court in fiscal years 2016 to 2025, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025\. It is part of the [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/).

## A Lower Median Than the All-Rank Figure

The all-rank court-martial records show 38 manslaughter convictions, a median confinement of 60 months, and confinement in 92%. The NCO median of 32 months is lower than that figure. A quarter of the NCO sentences were 95.9 months or more, which is the same upper figure as for all ranks.

The median and the upper quarter are far apart, so the NCO sentences were widely spread. A group of 10 convictions cannot show whether this holds in general.

## The NCO Convictions

The records list 10 NCO convictions with trial dates from 2021 to 2025\. By service, there were 2 in the Army, 2 in the Air Force, 4 in the Navy, and 2 in the Marine Corps.

Confinement was part of the sentence in 9 of the 10 cases (90%). 7 of the 10 received a punitive discharge (70%), including 4 dishonorable discharges and 3 bad-conduct discharges. A general court-martial heard 9 of the 10 cases (90%).

The median adjudged confinement was 32 months, or 2.7 years.

|                                    | Courts-martial: NCOs (E-5 to E-9)    | Federal court, FY2016–FY2025 |
| ---------------------------------- | ------------------------------------ | ---------------------------- |
| Convictions or people sentenced    | 10                                   | 737                          |
| Sentenced to confinement or prison | 90%                                  | 96%                          |
| Median confinement or prison       | 32 months                            | 63 months                    |
| A quarter received this or more    | 95.9 months                          | 108 months                   |
| Pleaded guilty                     | 6 of 9 with a plea recorded (6 of 9) | 93%                          |
| Mandatory minimum applied          | See the caveats                      | 4%                           |

## Pleas and Contested Cases

A plea was recorded for 9 of the convictions, and 6 were guilty pleas. After a guilty plea, the median confinement was 29.6 months, from 5 cases with confinement.

In contested cases that ended in conviction, the median was 95.9 months, from 3 cases with confinement. A contested case is one where the accused pleaded not guilty to at least one charge.

With 5 cases in one group and 3 in the other, a single sentence moves each median. The records can show the difference in this set but not whether it is a pattern.

## Federal Figures

Federal sentences come from the U.S. Sentencing Commission, which covers voluntary manslaughter under guideline §2A1.3 and involuntary manslaughter under §2A1.4\. Of 737 people sentenced, 708 (96%) received prison and 24 (3%) received probation only.

The median prison term was 63 months, or 5.2 years. A quarter received 108 months or more and a quarter received 35.8 months or less. After a guilty plea the median was 63 months, and after a trial it was 90 months.

The federal plea rate was 93%, with 686 people pleading guilty and 51 convicted after a trial. A mandatory minimum applied to 28 people (4%).

## Limits

Federal records have no rank. Criminal history is the nearest federal measure of record, and court-martial records have no criminal history field. The NCO group therefore cannot be matched to a federal group by rank.

Court-martial sentences are as adjudged at trial, before any clemency or appeal, and federal terms are those imposed, not time served. The court-martial years are trial dates from 2021 to 2025, and the federal years are fiscal years 2016 to 2025.

### How We Counted

Courts-martial with trial dates in 2016 to 2025 ending in a conviction for manslaughter (Article 119) where the accused was an NCO (e-5 to e-9) (10). Federal: 737 people sentenced under guideline §2A1.3 (voluntary manslaughter) or §2A1.4 (involuntary manslaughter) (U.S. Sentencing Commission). Federal records have no rank; criminal history is the nearest federal measure of record, and courts-martial have no criminal history field.

Federal fiscal years run from October 1 to September 30\. No person, judge, or lawyer is identified in any of these records.

### What to Keep in Mind

**Who is in each set of numbers.** The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended.

**Different cases reach each system.** Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts.

**Time periods.** Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.

**Offense categories do not line up exactly.** Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match.

**No parole in federal prison; credit for good conduct.** Federal prison has no parole for crimes committed on or after November 1, 1987\. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.

**Military confinement credit and parole.** For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served.

**Military sentences include punishments federal sentences do not.** A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show.

**Federal supervised release.** Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.

**Who decides the sentence, and under what rules.** Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.

**How life sentences and "time served" are counted.** In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.

## Related Analysis

- [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article)
- [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts)
- [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method)
- [Murder and Manslaughter: Federal vs. Court-Martial Sentences, 2016–2025](https://www.bodiesburied.com/trends/federal-murder-manslaughter-vs-courts-martial/) (overview)
- [Manslaughter Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court](https://www.bodiesburied.com/trends/federal-manslaughter-junior-enlisted-vs-federal-court/)
- [Manslaughter Charges: How Often Federal Trials and Courts-Martial End in Acquittal](https://www.bodiesburied.com/trends/federal-manslaughter-acquittal-rate-vs-courts-martial/)
- [Guilty Pleas in Manslaughter Cases: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-manslaughter-guilty-plea-rate-vs-courts-martial/)
- [Manslaughter: Sentences After a Guilty Plea vs. After Trial, Federal Court and Courts-Martial](https://www.bodiesburied.com/trends/federal-manslaughter-plea-vs-trial-sentences/)
- [Manslaughter Sentences: Federal Court vs. Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-manslaughter-sentences-vs-courts-martial/)
- [Manslaughter: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-manslaughter-vs-army/)
- [Guilty Pleas in Army Manslaughter Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/army-article-119-plea-2021-2025/) (court-martial data)
- [Navy-Marine Corps Article 119 Cases by the Numbers, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-119-trend-2017-2025/) (court-martial data)
- [What Sentence Follows a Navy-Marine Corps Manslaughter Conviction?](https://www.bodiesburied.com/trends/navy-marine-corps-article-119-sent-2017-2025/) (court-martial data)
- [Article 119 (Manslaughter): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-119-courts-martial/) (court-martial data)
- [Article 119 UCMJ: Voluntary and Involuntary Manslaughter](https://www.ucmj-defender.com/practice-areas/court-martial/article-119/?ref=bodiesburied.com) (law firm reference page)
- [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source)
- [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (source)

**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.