Navy-Marine Corps Cases Charging Both Article 121 and Article 86

Trends › By Offense › Article 121 › Navy-Marine Corps, with Article 86

Based on 11 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Discharges for Convicted Enlisted Members

7 of 10 convicted enlisted members received a punitive discharge (70%). Of those 7, 6 were bad-conduct discharges and 1 was a dishonorable discharge. In all Navy and Marine Corps Article 121 cases in 2021–2026, the share was 52%.

For enlisted members, a punitive discharge means a bad-conduct discharge or a dishonorable discharge. When a sentence has neither, a later administrative separation is still possible.

Confinement Terms

Each of the 11 convictions included confinement. Half of the terms were 4 months or less. The median in Navy and Marine Corps Article 121 cases overall was 5 months.

At the upper end, a quarter of the terms were 1.5 years or longer. All of these are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case.

Mostly Special Courts-Martial

Only 3 of the 11 cases (27%) were general courts-martial. The rest were special courts-martial. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

Pleas Recorded

The plea is listed in 10 of the 11 records. In 7 of those, the accused pleaded guilty. In 3, the accused entered a not-guilty or mixed plea, which makes the case contested.

The contested share was 30%. In all Navy and Marine Corps Article 121 cases in 2021–2026, it was 24%.

Who Was Charged

Among the accused with rank recorded, 8 were junior enlisted members and 2 were NCOs. No officers appear. This group is more junior than Navy and Marine Corps Article 121 cases as a whole.

What Else Was Charged

Besides Article 86, the charges most often listed with Article 121 were Article 107 (false official statement) in 5 cases, Article 112a (drug) in 5, Article 92 (orders violation) in 4, and Article 85 (desertion) in 3.

Trial Years

The 11 trials took place from January 2021 to February 2026. The yearly counts were 4 in 2021, 3 in 2022, 1 in 2023, 1 in 2024, 1 in 2025, and 1 in 2026. The 2026 count covers part of the year.

Limits on What These Records Show

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

They also give trial dates rather than offense dates. That matters for 2 changes in this period. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. And when every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Trials from 2024 on can fall under either the old or the new rules.

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.