Article 121 With Article 80 in the Navy and Marine Corps: What the Records Show

Trends › By Offense › Article 121 › Navy-Marine Corps, with Article 80

Based on 13 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Confinement in Every Case

All 13 cases ended in a conviction, and all 13 sentences included confinement. The median confinement was 1 year. In all Navy and Marine Corps Article 121 cases in 2021–2026, the median was 5 months.

A quarter of the confinement terms in this group were 1.1 years or longer. These figures are adjudged sentences. They were set at trial, before any plea-agreement cap, clemency, or appeal, and each one covers every charge in the case, not only the larceny and attempt counts.

Bad-Conduct and Dishonorable Discharges

A punitive discharge followed 77% of enlisted convictions. That count includes 8 bad-conduct discharges and 2 dishonorable discharges. In Navy and Marine Corps Article 121 cases overall, the share was 52%.

A bad-conduct discharge and a dishonorable discharge are the punitive discharges available for enlisted members. A sentence without either one does not rule out a later administrative separation.

Court Level

General courts-martial made up 54% of these cases (7 of 13). Special courts-martial made up the rest. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Guilty Pleas and Contested Cases

In 10 cases, the accused pleaded guilty. In 3, the accused contested at least one charge by pleading not guilty to it. The contested share was 23%, compared with 24% in Navy and Marine Corps Article 121 cases overall.

Rank of the Accused

Junior enlisted members (E-1 to E-4) were 69% of the accused. NCOs were 31%, and no officers appear in this group. Across all Navy and Marine Corps Article 121 cases, junior enlisted members were 57%.

Other Articles in the Charge Sheets

Besides Article 80, the most common other charges were Article 81 (conspiracy) in 4 cases, Article 112a (drug) in 4, Article 107 (false official statement) in 3, and Article 86 (AWOL) in 3. Across all Navy and Marine Corps Article 121 cases in 2021–2026, 47 of 160 charged Article 121 with no other article.

Year by Year

The 13 cases were tried between January 2021 and January 2026. There were 6 in 2021, 2 in 2022, 0 in 2023, 3 in 2024, 1 in 2025, and 1 in 2026. The 2026 figure covers only part of that year.

Rule Changes and What the Records Omit

Since December 28, 2023, special trial counsel, not 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 rules depend on the offense date.

The records list trial dates only, so trials from 2024 on include cases under both the old and the new rules. The records also do not describe the evidence or the plea terms. Cases handled by nonjudicial punishment, administrative separation, or no action do not appear.

For what the offense covers and how it is defended, see Article 121 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial

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.