Obstruction of Justice Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court
From 2016 to 2025, courts-martial convicted 189 junior enlisted members (E-1 to E-4) of obstruction of justice under Article 131b. Confinement was adjudged in 92% of those convictions, and the median was 9.9 months. In federal court, 74% of the 1,256 people sentenced under guideline §2J1.2 received
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In brief: From 2016 to 2025, courts-martial convicted 189 junior enlisted members (E-1 to E-4) of obstruction of justice under Article 131b. Confinement was adjudged in 92% of those convictions, and the median was 9.9 months. In federal court, 74% of the 1,256 people sentenced under guideline §2J1.2 received a prison term, and the median prison term was 18 months.
This post uses the U.S. Sentencing Commission's records of 1,256 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 series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
What Sentences Did Junior Enlisted Members Receive?
The records list 189 convictions of junior enlisted members for obstruction of justice (Article 131b) with trial dates from 2016 to 2025. By service, the Marine Corps had 72, the Navy 54, the Army 42, and the Air Force 21.
Of the 189 convictions, 173 (92%) included confinement. The median adjudged confinement was 9.9 months, and a quarter of the sentences were 23 months or more.
A punitive discharge was adjudged for 155 of the 189 members (82%). That total is 48 dishonorable discharges and 107 bad-conduct discharges. A general court-martial heard 94 of the 189 cases (50%).
Did a Guilty Plea Change the Median Confinement?
A plea was recorded for 183 of the 189 convictions, and 152 of those (83%) were guilty pleas. After a guilty plea, the median confinement was 9 months, based on 141 cases with confinement. In contested cases that ended in conviction, the median was 16 months, based on 26 cases with confinement.
A court-martial is contested when the accused pleads not guilty to at least one charge. The contested group is much smaller than the plea group, so its median rests on fewer cases.
Did Sentences Change Over Time?
For trials in 2016 to 2019, the median confinement was 9 months, based on 43 cases with confinement. For trials in 2020 to 2025, it was 9.9 months, based on 130 cases. The medians are close.
For all ranks together, the records show 329 convictions, a median confinement of 10 months, and confinement in 85% of convictions. Junior enlisted members received confinement more often than that, at 92%, and their median was about the same.
What Did Federal Court Impose for Obstruction?
The U.S. Sentencing Commission data covers 1,256 people sentenced under guideline §2J1.2 (obstruction of justice) in fiscal years 2016 to 2025. Of these, 930 (74%) received a prison term, and 212 (17%) received probation only.
Among those sent to prison, the median prison term was 18 months. A quarter received 36 months or more, and a quarter received 8 months or less. Prison was less common in federal court than confinement was for junior enlisted members, but the federal terms were longer at the median.
In federal court, 1,031 people (82%) pleaded guilty, and 225 were convicted after a trial. The median prison term was 15 months after a guilty plea and 33 months after a trial, based on 198 people convicted at trial and sent to prison. A mandatory minimum applied to 14 people (1%).
| Courts-martial: Junior Enlisted (E-1 to E-4) | Federal court, FY2016–FY2025 | |
|---|---|---|
| Convictions or people sentenced | 189 | 1,256 |
| Sentenced to confinement or prison | 92% | 74% |
| Median confinement or prison | 9.9 months | 18 months |
| A quarter received this or more | 23 months | 36 months |
| Pleaded guilty | 152 of 183 with a plea recorded (83%) | 82% |
| Mandatory minimum applied | See the caveats | 1% |
Why Is This Not a Matched Comparison?
Federal records have no field for rank. The federal figures describe everyone sentenced under §2J1.2, not only people who would hold a junior enlisted rank in the military. Criminal history is the nearest federal measure of record, and courts-martial have no criminal history field.
The court-martial figures are sentences as adjudged at trial, before any clemency or appeal. Federal prison terms are the terms imposed, not time served. Rank is the rank listed in the court-martial record at trial.
The records do not show what conduct led to each charge, what plea agreement was in place, or why a sentence was set. They cannot show whether the differences between courts-martial and federal court come from the offense, the rank, or the rules of each court.
How We Counted
Courts-martial with trial dates in 2016 to 2025 ending in a conviction for obstruction of justice (Article 131b) where the accused was junior enlisted (e-1 to e-4) (189). Federal: 1,256 people sentenced under guideline §2J1.2 (obstruction of justice) (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 (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences (overview)
- Obstruction of Justice Convictions of NCOs (E-5 to E-9): Courts-Martial Compared With Federal Court
- Obstruction of Justice Convictions of Officers and Warrant Officers: Courts-Martial Compared With Federal Court
- Obstruction of Justice Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Obstruction of Justice Charges: Federal Trial Acquittals vs. Contested Army Courts-Martial
- Obstruction of Justice Charges: How Often Federal Trials and Courts-Martial End in Acquittal
- Obstruction of Justice Charges: Federal Trial Acquittals vs. Contested Marine Corps Courts-Martial
- How Has Article 131b Changed in Army Courts-Martial Since 2021? (court-martial data)
- How Much Confinement for an Article 131b Conviction in the Army? (court-martial data)
- How Often Are Contested Army Article 131b Cases Acquitted? (court-martial data)
- Pleading Guilty to Article 131b in the Army: What Sentences Followed? (court-martial data)
- Air Force Article 131b Cases by the Numbers, 2016–2025 (court-martial data)
- What Sentence Follows an Air Force Obstruction Conviction? (court-martial data)
- Pleading Guilty to Article 131b in the Air Force: What Sentences Followed? (court-martial data)
- Is Navy-Marine Corps Obstruction Prosecution Rising or Falling? Article 131b, 2017–2025 (court-martial data)
- How Much Confinement for an Article 131b Conviction in the Navy-Marine Corps? (court-martial data)
- Not Guilty Pleas in Navy-Marine Corps Article 131b Cases: What Happened at Trial (court-martial data)
- Pleading Guilty to Article 131b in the Navy-Marine Corps: What Sentences Followed? (court-martial data)
- Article 131b (Obstruction, Numbered Since 2019): Court-Martial Data and Trends (court-martial data)
- Article 131b UCMJ: Obstructing Justice (law firm reference page)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (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. This analysis is for education and information only. It is not legal advice, and every case is different.