NewKnow Your Judge: the court-martial record of 294 military judges → NewLearn Your Lawyer: the court-martial record of 335 military lawyers →
Where All The Bodies Are Buried
Understanding Trends

Article 113 Sentences in the Navy-Marine Corps: Confinement and Discharges, 2021–2025

For the 36 Navy and Marine Corps courts-martial from 2021–2025 that ended in a conviction under Article 113 (drunken or reckless driving), the median confinement was 3 months. That was lower than the 6 months across all Navy and Marine Corps convictions.

Understanding Trends in Military Practice · 5 min read

Trends › By Offense › Article 113 › Article 113 Sentences in the Navy-Marine

Short answer: For the 36 Navy and Marine Corps courts-martial from 2021–2025 that ended in a conviction under Article 113 (drunken or reckless driving), the median confinement was 3 months. That was lower than the 6 months across all Navy and Marine Corps convictions. Punitive discharges were also less common: 41% of convicted enlisted members received one, compared with 59% for the service.

Based on 36 cases · 2021–2025 · Navy and Marine Corps records · data updated October 24, 2026

Shorter Confinement Than the Service Overall

Driving convictions carried less confinement than most Navy and Marine Corps convictions in these years. Of the 36 convictions, 25 included confinement, and the median term was 3 months. Across all Navy and Marine Corps convictions, the median was 6 months.

No confinement was adjudged in 11 convictions (31%), compared with 22% for the service. Confinement under 6 months was adjudged in 16 convictions (44%), the largest group in the table. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each one covers every charge in the case.

Adjudged confinementConvictionsShare hereShare, all Navy and Marine Corps convictions in those years
No confinement1131%22%
Under 6 months1644%36%
6 months to 1 year38%21%
More than 1 year, under 5 years514%16%
5 years or more13%5%

A Small Number of Long Sentences

Not every sentence was short. A quarter of the confinement terms were 1 year or longer. Confinement of more than one year was adjudged in 6 of the 36 convictions (17%), compared with 22% across the service. Of those, 5 were between one and five years and 1 was 5 years or more. Few sentences were in the middle range: only 3 convictions (8%) carried 6 months to 1 year, compared with 21% for the service.

Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge. A special court-martial is capped at one year. General courts-martial made up 25% of these cases (9 of 36). Special courts-martial handled the rest.

More of the Accused Contested the Charges

A plea was recorded in 35 of the 36 cases. Of those, 19 accused pleaded guilty and 16 contested at least one charge with a not-guilty or mixed plea. That 46% contested share was much higher than the 28% across all Navy and Marine Corps convictions in these years.

Every case here ended in a conviction, so none of the contested cases ended in a full acquittal. In 5 of the 16 contested cases, the accused was found not guilty of at least one charge or specification and guilty of another. That is a partial acquittal.

Punitive Discharges

Of 32 convicted enlisted members, 13 received a bad-conduct or dishonorable discharge (41%). Of those 13, 2 were dishonorable. Most enlisted members convicted here did not receive a punitive discharge. That does not rule out a later administrative separation.

For officers, the counterpart to a punitive discharge is a dismissal. The group includes 1 convicted officer or warrant officer, and none was dismissed.

Many Cases Included Other Charges

Article 113 was the only charge in 10 of the 36 cases. The others included at least one more article. Article 92 (orders violation) appeared in 9 cases, Article 121 (larceny) in 6, and Article 86 (AWOL), Article 134 (general article), and Article 128 (assault) in 5 each.

Each sentence covers all of the findings in the case. The confinement and discharge numbers in this post therefore include these other charges.

Most of the Accused Were Junior Enlisted

Junior enlisted members (E-1 to E-4) made up 76% of the accused, NCOs 21%, and officers 3%. The accused here were more junior than in all Navy and Marine Corps convictions in these years, where junior enlisted members were 66%.

Where and When the Cases Were Tried

Camp Pendleton, California, had the most cases, with 10. Camp Lejeune, North Carolina, had 4; MCAS Miramar, California, 3; Okinawa, Japan, 3; and Marine Corps Base Hawaii, Kaneohe Bay, 2. Together these five account for 61% of the cases. Larger installations try more cases of every kind, so a count alone does not show anything about one base.

The cases were tried from February 2021 through November 2025. The yearly totals were between 4 and 7 from 2021 through 2024. The total was 13 in 2025. With numbers this small, a single year can change noticeably, and the records do not explain the change.

Rules That Changed During These Years

Since December 28, 2023, special trial counsel, rather than commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. When every guilty finding in a case is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Both changes depend on offense dates. Trials from 2024 on therefore include both old-rule and new-rule cases.

What a Trial Record Does Not Include

These records give trial dates, not offense dates. They do not describe the evidence or plea terms. They do not include driving cases resolved through nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 113 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

How We Counted

Navy and Marine Corps courts-martial tried 2021–2025: ending in a conviction under Article 113 (drunken or reckless driving) (36 cases), compared with all Navy and Marine Corps convictions in those years.

Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.

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.

↑ Top