NCOs (E-5 to E-9) Charged Under Article 121 in the Navy-Marine Corps

Trends › By Offense › Article 121 › NCOs (E-5 to E-9)

Based on 123 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Fewer Punitive Discharges for NCOs

Among 121 convicted enlisted members, 56 received a bad-conduct or dishonorable discharge (46%), and 10 of those were dishonorable. For all Navy and Marine Corps Article 121 cases, the rate was 63%.

A sentence without a punitive discharge does not guarantee continued service. An administrative separation can still follow, and those actions are not in these records.

Many Sentences Without Confinement

Of 121 convictions, 82 included confinement (68%). 32% of convictions here had no confinement, compared with 20% for all Navy and Marine Corps Article 121 cases. When confinement was adjudged, the median was 6 months, the same as for all Article 121 cases.

Confinement longer than one year was about as common: 18 of 121 convictions (15%), compared with 16%. Terms under 6 months were less common: 27% compared with 33%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Convictions in Nearly Every Case

Of 123 cases, 121 ended in a conviction on at least one charge. Among the 15 contested cases that reached a verdict, 0 ended in a full acquittal, compared with 3% for all Navy and Marine Corps Article 121 cases. Another 5 ended in a partial acquittal: not guilty of at least one charge or specification and guilty of another.

Navy and Marine Corps records before December 2020 often omit the plea, and 88 of 123 records list one: 72 guilty pleas and 16 contested. That makes 18% contested, the same as the 18% for all Article 121 cases.

False Statement Charges Were Common

Of the 123 cases, 78 charged at least one other article. Article 107 (false official statement) was the most common other charge, in 30 cases. Article 92 (orders violation) appeared in 16, Article 81 (conspiracy) and Article 112a (drug) in 12 each, and Article 131b (obstruction, numbered since 2019) in 10.

Each sentence covers every charge. These offenses are part of the sentences above. The records do not show the value of property taken or how it was taken.

General and Special Courts-Martial

A general court-martial can impose any lawful sentence, including a dishonorable discharge. A special court-martial caps confinement at one year and cannot adjudge a dishonorable discharge. Since 2019, a special court-martial tried by a military judge alone is further capped at six months with no punitive discharge. Here, 39 of the 123 cases were general courts-martial (32%), compared with 29% for all Navy and Marine Corps Article 121 cases. The other 84 were special courts-martial.

At general courts-martial, the median confinement was 1.2 years and 12% of cases were contested. At special courts-martial, the median was 4 months and 20% were contested.

Rank of the Accused

All 123 accused were NCOs. For all Navy and Marine Corps Article 121 cases, 59% were junior enlisted, so this group is more senior. These records do not reliably show whether a judge or members decided guilt, so this post does not report it.

Cases by Year and Installation

The cases were tried between February 2017 and December 2025: 12 in 2017, 17 in 2018, 22 in 2019, 12 in 2020, 14 in 2021, 12 in 2022, 9 in 2023, 12 in 2024, and 13 in 2025.

Camp Lejeune, North Carolina had 21 cases, San Diego, California had 16, Okinawa, Japan had 11, Norfolk, Virginia had 9, and Bremerton, Washington had 8. Together these five account for 53% of the 123. Larger installations try more cases of every kind, so a high count does not by itself point to a problem at a base.

Rules in Force and What the Data Omits

The Military Justice Act of 2016 took effect on January 1, 2019. It brought fixed panel sizes, judge-alone special courts-martial capped at six months with no punitive discharge, and written plea agreements. Offenses from before 2019 kept the old rules. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault and domestic violence. Judges set sentences within new parameters when every guilty finding is for an offense after December 27, 2023.

The records give trial dates, not offense dates, so they cannot show which rules applied to each case. They also omit the evidence, the plea terms, and thefts handled by nonjudicial punishment or administrative separation.

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.