Navy-Marine Corps Cases Charging Both Article 112a and Article 86

Trends › By Offense › Article 112a › Navy-Marine Corps, with Article 86

Based on 30 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Few Full Acquittals After a Not-Guilty Plea

When a case ends in a full acquittal, the accused is found not guilty of every charge. Of the 12 contested cases that reached a verdict, 1 ended that way (8%). In all Navy and Marine Corps Article 112a cases from 2021–2026, the full-acquittal rate was 30%.

Another 3 contested cases ended in a partial acquittal. In a partial acquittal, the accused is found not guilty of at least one charge or specification and guilty of another.

Guilty Pleas and Contested Cases

The plea is listed in 29 of the 30 records. Of those, 17 accused pleaded guilty and 12 contested at least one charge with a not-guilty or mixed plea. The contested share, 41%, was higher than the 30% in Navy and Marine Corps Article 112a cases overall.

The records do not explain why any accused pleaded guilty or went to trial, and they do not include the terms of plea agreements.

Most Convicted Enlisted Members Received a Punitive Discharge

Of 25 convicted enlisted members, 19 received a punitive discharge. Of those, 16 were bad-conduct discharges and 3 were dishonorable discharges. The share across Navy and Marine Corps Article 112a cases was 63%.

For enlisted members, the punitive discharges are the bad-conduct discharge and the dishonorable discharge. Receiving neither does not prevent the service from separating a member administratively afterward.

Short Confinement Terms

There were 28 convictions, and 24 of them included confinement. The median confinement was 3 months, shorter than the 5 months for all Navy and Marine Corps Article 112a cases.

Confinement under 6 months was adjudged in 14 convictions (50%), compared with 44% for Article 112a cases overall. Another 7 (25%) carried 6 months to 1 year. Confinement of more than one year came in 3 of the 28 convictions (11%), about as often as the 13% for all Navy and Marine Corps Article 112a cases. Only 4 convictions (14%) carried no confinement, and 1 (4%) carried 5 years or more.

These figures are adjudged sentences, the sentences announced at trial. A plea-agreement cap, clemency, or appeal can lower them later, and each sentence covers all the charges in the case.

Almost All Junior Enlisted

Junior enlisted members (E-1 to E-4) made up 92% of the accused, and NCOs made up 8%. No officers appear. In all Navy and Marine Corps Article 112a cases, junior enlisted members were 76% of the accused.

General courts-martial heard 9 of the 29 cases with a court level listed (31%), compared with 22% for Article 112a cases overall. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence. Since 2019, a special court-martial may also be heard by a military judge alone; that form limits confinement to six months and bars a punitive discharge.

Other Charges in These Cases

All 30 cases charged at least one article besides Article 112a. Besides AWOL, the most frequent were Article 92 (orders violation) in 11 cases, Article 85 (desertion) in 5, Article 121 (larceny) in 5, and Article 90 (disobeying an officer) in 4.

Years and Installations

The cases were tried from January 2021 through June 2026. There were 6 in 2021, 10 in 2022, 5 in 2023, 4 in 2024, 2 in 2025, and 3 in 2026. The 2026 count is a partial year.

Camp Lejeune, North Carolina tried 7 cases and Norfolk, Virginia tried 5. San Diego, California tried 4, Twentynine Palms, California tried 3, and Great Lakes, Illinois tried 2. These five installations account for 70% of the 30 cases. Larger installations try more cases of every type.

What the Records Leave Out

Since December 28, 2023, special trial counsel instead of commanders decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence under new sentencing parameters.

Both rules turn on the offense date, which the records do not give. The records also do not show the evidence, nonjudicial punishment, or administrative separations. Drug use or absence handled outside a court-martial is not counted here.

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

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.