How Has Article 121 Changed in Navy-Marine Corps Courts-Martial Since 2017?

Trends › By Offense › Article 121 › Navy-Marine Corps

Based on 328 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Only 1 Contested Case Ended in a Full Acquittal

Few larceny cases ended in a full acquittal. Of 37 contested cases that reached a verdict, 1 ended in a full acquittal (3%), compared with 31% for all Navy and Marine Corps cases. Another 10 ended in a partial acquittal: not guilty of at least one charge and guilty of another.

Contested cases were also less common. Of the 210 records that list a plea, 172 were guilty pleas and 38 were contested, meaning a not-guilty plea to at least one charge. That makes 18% contested, compared with 32% for all Navy and Marine Corps cases. Records from before December 2020 often omit the plea, so only those that list it are counted.

Most Sentences Were a Year or Less

Of 321 cases ending in a conviction on at least one charge, 258 included confinement (80%). The median confinement was 6 months, the same as the median for all Navy and Marine Corps cases.

Most terms were a year or less. 33% of convictions included under 6 months of confinement, and 31% included 6 months to 1 year. The 31% is higher than the 22% in the rest of the Navy and Marine Corps. 50 of 321 convictions (16%) included confinement longer than one year, compared with 25%. Only 6 included 5 years or more. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

Most Cases Were Special Courts-Martial

94 of 328 cases (29%) were general courts-martial, which can impose any lawful punishment, including long confinement and a dishonorable discharge. The other 234 were special courts-martial, which cap confinement at one year and cannot adjudge a dishonorable discharge.

The median confinement was 1.5 years at general courts-martial and 5 months at special courts-martial. The contested share was 18% at each level.

Discharge Rates Were About the Same as the Service

Among 309 convicted enlisted members, 195 received a bad-conduct or dishonorable discharge (63%), about the same as the 62% for all Navy and Marine Corps cases. Of those, 25 were dishonorable. The convictions also included 7 officers or warrant officers, and 1 was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Other Charges in Larceny Cases

Most larceny cases, 230 of 328, charged at least one other article. Article 107 (false official statement) was the most common other charge, in 66 cases, followed by Article 92 (orders violation) in 58, Article 81 (conspiracy) in 54, Article 112a (drug) in 39, and Article 80 (attempt) in 27.

A sentence covers all the charges in a case. A larceny conviction with a drug or false statement charge has a single combined sentence.

Fewer Cases in Recent Years

There were 46 cases in 2017, 54 in 2018, and 47 in 2019, then 32 in 2020, 38 in 2021, 23 in 2022, 31 in 2023, 30 in 2024, and 27 in 2025. In all, the 328 cases make up 9% of the 3,740 Navy and Marine Corps courts-martial in those years.

Convictions including Article 121 were highest in 2018, at 54. In 2017–2019, larceny was part of 143 of 1,243 convictions with offenses listed (12%). In 2023–2025, it was part of 86 of 940 (9%), a smaller share. Shares allow comparison between years with different numbers of cases.

Rank and Installation

Junior enlisted members (E-1 to E-4) made up 59% of the accused, NCOs 39%, and officers 2%. In the rest of the Navy and Marine Corps, junior enlisted members were 63%.

Camp Lejeune, North Carolina, had the most cases, 70. Camp Pendleton, California, had 40; San Diego, California, 33; Okinawa, Japan, 24; and Norfolk, Virginia, 21. Those five account for 57% of the 328 cases. Larger installations try more cases of every kind, so a high count does not by itself show a local problem.

Rules That Changed and Facts That Are Missing

The Military Justice Act of 2016 took effect on January 1, 2019. It brought judge-alone special courts-martial capped at six months with no punitive discharge, fixed panel sizes, and written plea agreements. Cases with offenses from before 2019 kept the old rules. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. For offenses after December 27, 2023, judges sentence within new parameters. The records give no offense dates, so the rules in force for any case cannot be confirmed.

The amount taken, the evidence, the plea terms, and thefts handled outside a court-martial are not part of these records.

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.