Article 131b With Article 92 in the Navy and Marine Corps: What the Records Show

Trends › By Offense › Article 131b › Navy-Marine Corps, with Article 92

Based on 35 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Median Confinement of 1.1 Years

Of the 34 convictions, 71% included confinement. Half of those terms were 1.1 years or less. For all Navy and Marine Corps Article 131b cases in 2021–2026, the median confinement was 9 months. A quarter of the terms here were 1.9 years or longer.

All sentence figures on this page are adjudged sentences. That means the sentence announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case.

More Convictions With No Confinement

No confinement was adjudged in 10 convictions (29%), compared with 19% in the wider Article 131b group. Terms of 6 months to 1 year were less common here: 3 convictions (9%), compared with 19%.

At the other end, 11 convictions (32%) carried more than 1 year but under 5 years, compared with 27%. Only 1 conviction carried 5 years or more (3%), compared with 8%. Terms longer than one year came in 12 of 34 convictions (35%), the same 35% as all Navy and Marine Corps Article 131b cases.

Punitive Discharges

Among 32 convicted enlisted members, 20 received a bad-conduct discharge or a dishonorable discharge (62%). Of those, 7 were dishonorable discharges. The rate for all Navy and Marine Corps Article 131b cases was higher, at 72%.

A punitive discharge is part of the court-martial sentence. A member whose sentence had none can still face an administrative separation later, and these records do not show that.

General and Special Courts-Martial Compared

There were 16 general courts-martial and 19 special courts-martial. The general share was 46%, compared with 49% for Navy and Marine Corps Article 131b cases as a whole.

A special court-martial cannot adjudge more than one year of confinement or a dishonorable discharge. A general court-martial can impose any lawful sentence. The general courts-martial here had a median confinement of 1.7 years. The special courts-martial had a median of 2 months. Contested cases made up 31% of the general courts-martial and 44% of the special courts-martial.

Pleas and Verdicts

Pleas are listed in 34 of 35 records: 21 guilty pleas and 13 contested cases. A contested case is one with a not-guilty or mixed plea. The contested share was 38%, compared with 31% for all Navy and Marine Corps Article 131b cases.

Of the 13 contested cases that reached a verdict, 8% ended in a full acquittal. The rate for all Navy and Marine Corps Article 131b cases was 6%. Another 3 cases ended in a partial acquittal, meaning not guilty of at least one charge or specification and guilty of another. With 13 contested cases, these rates rest on a small group.

Rank and Other Charges

Junior enlisted members (E-1 to E-4) made up 55% of the accused and NCOs made up 45%. No officers were charged. In all Navy and Marine Corps Article 131b cases, junior enlisted members were 69% of the accused.

Besides Article 92, the most frequent other charges were Article 107 (false official statement) and Article 128 (assault), each in 7 cases. Article 121 (larceny) and Article 81 (conspiracy) appeared in 5 cases each.

Years and Installations

The cases were tried between May 2021 and October 2026. The count was 8 in 2021, 7 in 2022, 6 in 2023, 3 in 2024, 7 in 2025, and 4 in 2026, a partial year.

Camp Pendleton, California tried 5 cases. Jacksonville, Florida, San Diego, California, and Camp Lejeune, North Carolina tried 4 each, and Yokosuka, Japan tried 3. These five account for 57% of the 35 cases. Larger installations try more cases of every type, so a high count alone does not point to a problem with this offense.

Rules in Effect and Gaps in the Records

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. For offenses after December 27, 2023, when every guilty finding is for such an offense, the military judge sets the sentence within new sentencing parameters. Both changes turn on the offense date.

The records give trial dates, not offense dates, so cases tried from 2024 on mix the old and new rules. The records do not describe the evidence or the plea terms. They also leave out cases handled by nonjudicial punishment or administrative separation.

Dates and sources for the law changes mentioned here: UCMJ change timeline.

Compare: federal court. Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences

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.