Theft and Fraud: Federal Sentences vs. Army Courts-Martial
The Army records show 157 convictions for larceny, theft, and fraud under Article 121, with a median adjudged confinement of 3 months. Federal courts sentenced 53,639 people under guideline §2B1.1 in fiscal years 2016 to 2025, and the median prison term for those sent to prison was 21 months. Army c
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In brief: The Army records show 157 convictions for larceny, theft, and fraud under Article 121, with a median adjudged confinement of 3 months. Federal courts sentenced 53,639 people under guideline §2B1.1 in fiscal years 2016 to 2025, and the median prison term for those sent to prison was 21 months. Army convictions included confinement in 81% of cases, compared with 73% of federal sentences. The Army and federal groups are defined differently, so the numbers describe each system and do not rank them.
This post uses the U.S. Sentencing Commission's records of 53,639 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 Did Army Courts-Martial Adjudge?
Of the 157 Army convictions in the data, 127 included confinement. That is 81%. The median adjudged confinement was 3 months, and a quarter of the sentences were 6.4 months or more.
One conviction carried confinement for life. The Army trial dates in this data run from 2021 to 2025.
| Army courts-martial | Federal court, FY2016–FY2025 | |
|---|---|---|
| Convictions or people sentenced | 157 | 53,639 |
| Sentenced to confinement or prison | 81% | 73% |
| Median confinement or prison | 3 months | 21 months |
| A quarter received this or more | 6.4 months | 40 months |
| Pleaded guilty | 137 of 157 with a plea recorded (87%) | 96% |
| Mandatory minimum applied | See the caveats | 11% |
Discharges, Dismissals, and Court Level
Of the 144 enlisted soldiers convicted, 96 received a punitive discharge (67%). Of those, 9 were dishonorable discharges and 87 were bad-conduct discharges.
The records list 13 convicted officers. Of those, 6 were dismissed, which is the officer equivalent of a punitive discharge.
A total of 71 of the 157 convictions (45%) were decided at a general court-martial, the highest trial level.
Guilty Pleas and Contested Convictions
A plea was recorded for 157 convictions, and 137 of them (87%) were guilty pleas. After a guilty plea, the median confinement was 3 months in 113 cases that had confinement.
In contested cases that ended in conviction, the median confinement was 8 months. That figure rests on only 13 cases with confinement, so it is a thin base for any conclusion.
Federal court shows a much larger group of guilty pleas. There, 51,323 of 53,639 people (96%) pleaded guilty and 2,316 were convicted after a trial.
The Federal Side of the Comparison
Guideline §2B1.1 covers theft, embezzlement, fraud, and property damage. It is broader than Article 121, which covers larceny and wrongful appropriation.
Prison was imposed on 39,373 of the 53,639 people sentenced (73%), and 10,874 (20%) received probation only. A quarter of those sent to prison received 40 months or more, and a quarter received 7 months or less.
The median prison term was 20 months after a guilty plea and 48 months after a trial. The trial figure covers 2,154 people convicted at trial and sent to prison.
A mandatory minimum prison term applied to 5,908 people (11%). Restitution was ordered for 81%, and 71% were ordered to serve supervised release after prison.
How the Army Compares With the Other Services
The Army's median confinement of 3 months was lower than the Navy's 6 months and the Marine Corps' 6.7 months. It was also lower than the Air Force's 3.6 months.
The share of enlisted convicts with a punitive discharge was 67% in the Army. The Marine Corps figure was 75%, the Air Force figure 58%, and the Navy figure 49%.
| Service | Convictions, 2016–2025 | With confinement | Median confinement | Punitive discharge (enlisted) | Guilty pleas (where recorded) |
|---|---|---|---|---|---|
| Army | 157 | 81% | 3 months | 67% | 87% |
| Air Force | 122 | 79% | 3.6 months | 58% | 55% |
| Navy | 158 | 76% | 6 months | 49% | 88% |
| Marine Corps | 189 | 86% | 6.7 months | 75% | 88% |
What the Records Cannot Show
Court-martial sentences are the sentences adjudged at trial, before any clemency or appeal. Federal prison terms are the terms imposed, not the time served.
Court-martial records have no criminal history field, while 71% of the federal group was in the lowest criminal history category. The records also do not show the amount of money involved in either system, so the comparison cannot say whether the cases were of similar size.
How We Counted
Army courts-martial with trial dates in 2016 to 2025 ending in a conviction for larceny, theft, and fraud (Article 121; federal guideline §2B1.1) (157). Federal: 53,639 people sentenced under primary guideline §2B1.1 (theft, embezzlement, fraud, and property damage), fiscal years 2016 to 2025 (U.S. Sentencing Commission).
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)
- Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial (overview)
- Theft and Fraud: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Theft and Fraud: Federal Sentences vs. Marine Corps Courts-Martial
- Theft and Fraud: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Theft and Fraud Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Theft and Fraud Charges: Federal Trial Acquittals vs. Contested Army Courts-Martial
- Theft and Fraud Charges: How Often Federal Trials and Courts-Martial End in Acquittal
- Are Courts-Martial More Likely to End in Acquittal Than Federal Trials? (related comparison)
- Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year (related comparison)
- Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025 (related comparison)
- Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare (related comparison)
- Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025 (related comparison)
- Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial (related comparison)
- Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial (related comparison)
- Army Article 121 Cases by the Numbers, 2021–2025 (court-martial data)
- Article 121 Sentences in the Army: Confinement and Discharges, 2021–2025 (court-martial data)
- Fighting an Army Larceny Charge: How Contested Cases Ended (court-martial data)
- Guilty Pleas in Army Larceny Cases: How Often, and What Came Next (court-martial data)
- Article 121 (Larceny): Court-Martial Data and Trends (court-martial data)
- Army Courts-Martial: Data and Trends (court-martial data)
- Article 121 UCMJ: Larceny and Wrongful Appropriation (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.