No Confinement: Federal Probation Sentences vs. Army Courts-Martial
Of 2,128 Army convictions with a sentence recorded, 355 (17%) carried no confinement. The trial dates run from 2016 to 2025. In federal court over fiscal years 2016 to 2025, 46,079 of 659,036 people sentenced (7%) received probation only, with no prison or other confinement.
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In brief: Of 2,128 Army convictions with a sentence recorded, 355 (17%) carried no confinement. The trial dates run from 2016 to 2025. In federal court over fiscal years 2016 to 2025, 46,079 of 659,036 people sentenced (7%) received probation only, with no prison or other confinement.
This post uses the U.S. Sentencing Commission's records of 659,036 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.
How Often Did Army Courts-Martial Impose No Confinement?
The Army records list 2,128 convictions with a sentence recorded. Of these, 355 (17%) had no confinement at all. The Army share was higher than the federal probation-only share of 7%.
A court-martial sentence with no confinement can still include a punitive discharge, a reduction in rank, forfeiture of pay, or a reprimand. The Army number therefore counts sentences without confinement, and it does not count sentences without any punishment.
Did These Sentences Still Include a Punitive Discharge?
Among the 355 no-confinement convictions, 284 involved enlisted members. Of those 284, 121 (43%) still received a punitive discharge. A punitive discharge is a bad-conduct discharge or a dishonorable discharge.
This percentage uses the 284 enlisted members as its base. It does not describe all 355 no-confinement convictions, and the records do not show how many officers in the group were dismissed.
Which Courts-Martial Imposed No Confinement?
Of the 355 no-confinement convictions, 155 (44%) were at a special court-martial. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.
The forum matters for reading the Army figure. A no-confinement sentence at a special court-martial came from a court that could not have imposed more than one year.
What Does the Federal Figure Count?
The U.S. Sentencing Commission data covers 659,036 people sentenced in federal court in fiscal years 2016 to 2025. Of these, 46,079 (7%) received probation only. In this data, probation only means a sentence length of zero, counting alternative confinement.
The federal group includes every offense in the federal system, from fraud and drug cases to immigration cases. The Army group includes every offense tried by court-martial that ended in a conviction with a sentence recorded.
Year-by-Year Results
The Army table starts in 2020, which has 5 convictions and none without confinement. That year is too small to compare. From 2021 to 2025, the yearly count of Army convictions ranged from 390 to 467.
The Army no-confinement share was 19% in 2021, 16% in 2022 and 2023, 13% in 2024, and 19% in 2025. The federal probation-only share was 6% or 7% in each of those years. The Army share was higher in every year from 2021 to 2025.
| Year | Army convictions | No confinement | Federal: probation only |
|---|---|---|---|
| 2020 | 5 | 0 of 5 | 7% |
| 2021 | 467 | 19% | 7% |
| 2022 | 427 | 16% | 6% |
| 2023 | 411 | 16% | 6% |
| 2024 | 428 | 13% | 7% |
| 2025 | 390 | 19% | 7% |
What the Records Cannot Show
The records do not show which offenses led to a no-confinement sentence, or why the court chose that sentence. They also do not show whether a plea agreement limited the sentence.
Federal probation is a sentence served in the community under court supervision. The Army records show only that no confinement was adjudged. These figures describe sentences at trial and do not describe what happened to the person afterward.
How We Counted
Army: courts-martial with a trial date in 2016 to 2025 ending in a conviction with the sentence recorded (2,128). Federal: everyone sentenced in fiscal years 2016 to 2025 (659,036, U.S. Sentencing Commission); "probation only" means a sentence length of zero, counting alternative confinement.
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.
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.
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.
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)
- No Confinement: Federal Probation vs. Court-Martial Sentences With No Confinement (overview)
- No Confinement: Federal Probation Sentences vs. Air Force Courts-Martial
- No Confinement: Federal Probation Sentences vs. Navy Courts-Martial
- No Confinement: Federal Probation Sentences vs. Marine Corps Courts-Martial
- Types of Military Discharge (law firm reference page)
- Army Courts-Martial: Data and Trends (court-martial data)
- 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.