Article 112a With Article 131b in the Navy and Marine Corps: What the Records Show

Trends › By Offense › Article 112a › Navy-Marine Corps, with Article 131b

Based on 15 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Punitive Discharges in 87% of Convictions

All 15 cases ended in a conviction, and all 15 convicted members were enlisted. Of those, 13 received a bad-conduct or dishonorable discharge (87%). Only 2 of the 13 were dishonorable discharges.

Across Navy and Marine Corps Article 112a cases, 63% of convicted enlisted members received a punitive discharge. A sentence without one does not rule out a later administrative separation.

Guilty Pleas in 13 of 15 Cases

In 13 cases the accused pleaded guilty. The other 2 were contested, meaning the accused pleaded not guilty to at least one charge. The contested share, 13%, was lower than the 30% for all Navy and Marine Corps Article 112a cases in 2021–2026. The records do not give the terms of any plea agreement.

Confinement

Of the 15 convictions, 13 carried confinement. The median term was 7 months, compared with 5 months for all Navy and Marine Corps Article 112a cases. A quarter of the confinement terms were 1.1 years or longer.

These figures are adjudged sentences. They are the sentences announced at trial, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Only Junior Enlisted Members

All 15 accused were junior enlisted members (E-1 to E-4). No NCOs, officers, or warrant officers appear. In Navy and Marine Corps Article 112a cases overall, junior enlisted members were 76% of the accused.

Special courts-martial heard 11 of the cases and general courts-martial heard 4. The general share, 27%, compares with 22% for Article 112a cases overall. A special court-martial caps confinement at one year and cannot adjudge a dishonorable discharge.

Conspiracy Was the Next Most Common Charge

No case charged Article 112a by itself. Across all Navy and Marine Corps Article 112a cases, 159 of 341 did. Besides obstruction, the most common other charges here were Article 81 (conspiracy) in 5 cases, Article 92 (orders violation) in 3, Article 107 (false official statement) in 3, and Article 114 (endangerment) in 2.

Most Cases Were Tried in 2021

The cases run from March 2021 through June 2026. There were 8 in 2021, 4 in 2022, 2 in 2023, none in 2024 or 2025, and 1 in 2026, a partial year.

What These Records Do Not Cover

When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Since December 28, 2023, special trial counsel, not commanders, also decide whether to prosecute covered offenses. The records list trial dates, not offense dates, so they cannot show which rules applied.

The records show charges, pleas, findings, and sentences. They do not show the evidence, the plea terms, or conduct handled outside a court-martial.

For what the offense covers and how it is defended, see Article 112a on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare · Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025 · Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences

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.