How Much Confinement for an Article 131b Conviction in the Navy-Marine Corps?

Trends › By Offense › Article 131b › How Much Confinement for an Article 131b

Based on 190 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Median Confinement Was Longer Than for Other Convictions

This post counts only convictions in which Article 131b was among the charges. Of those 190 convictions, 162 included confinement. The median confinement was 10 months, longer than the 6-month median for all Navy and Marine Corps convictions. A quarter of the confinement sentences were 1.9 years or longer.

These are adjudged sentences: the sentences announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in a case. The figures describe whole cases, not the obstruction charge alone.

More Sentences Longer Than 1 Year

The largest difference is in sentences longer than one year. Of 190 convictions, 66 (35%) included more than one year of confinement, compared with 25% across all Navy and Marine Corps convictions. Sentences between 1 and 5 years made up 27% of these convictions, compared with 18% service-wide. Sentences from 6 months to 1 year made up 26%, compared with 22%.

Shorter sentences were less common. Sentences under 6 months made up 25% here, compared with 35% overall. No confinement was imposed in 28 convictions (15%), compared with 18%. Sentences of 5 years or more made up 7% in both groups.

Punitive Discharges and Officers

Of enlisted convictions in these cases, 76% included a punitive discharge: 97 bad-conduct discharges and 38 dishonorable discharges. The rate across all Navy and Marine Corps convictions was 62%. For enlisted members, a punitive discharge is a bad-conduct discharge or a dishonorable discharge.

The records list 7 convicted officers or warrant officers, and none was dismissed. A dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Other Charges in These Cases

In 174 of the 190 cases, at least one other article was charged with Article 131b. Article 92 (orders violation) was the most common, in 64 cases. Article 112a (drug offenses) appeared in 44, Article 128 (assault) in 41, Article 81 (conspiracy) in 41, and Article 107 (false official statement) in 39.

Sentences cover every charge, so the confinement figures above include these other charges. The records do not separate the part of any sentence that came from the obstruction charge.

Sentences by Court Level

There were 94 general courts-martial and 96 special courts-martial. The general court-martial share was 49%, higher than the 41% across all Navy and Marine Corps convictions. A general court-martial can impose any lawful sentence. A special court-martial is limited to one year of confinement and cannot impose a dishonorable discharge.

The median confinement was 1.7 years at general courts-martial and 5 months at special courts-martial. Contested cases made up 31% of the general courts-martial and 25% of the special courts-martial.

Contested Cases and Partial Acquittals

Of the 135 records that list a plea, 97 were guilty pleas and 38 were not-guilty or mixed pleas. That is 28% contested, slightly higher than the 24% in all Navy and Marine Corps convictions. A case is contested when the accused pleads not guilty to at least one charge.

Every case here ended in a conviction, so there were no full acquittals. Of the 38 contested cases, 12 ended in a partial acquittal: not guilty of at least one charge or specification but guilty of another.

Navy and Marine Corps records before December 2020 often omit the plea. These counts are based on the 135 records that list one, not on all 190 cases.

Case Counts, Installations, and Rank

Cases were tried from January 2017 to December 2025. The yearly count was 17 in 2017, 23 in 2018, 28 in 2019, 27 in 2020, 28 in 2021, 17 in 2022, 15 in 2023, 14 in 2024, and 21 in 2025. Camp Lejeune, North Carolina tried 28 cases, Camp Pendleton, California 27, San Diego, California 24, Norfolk, Virginia 22, and Bremerton, Washington 13. Together they account for 60% of the cases. Larger installations try more cases of every kind.

By rank, the group included 121 junior enlisted members, 56 NCOs, and 7 officers. That rank mix is similar to Navy and Marine Corps convictions in general.

Law Changes During the Period

The Military Justice Act of 2016 took effect on January 1, 2019. It set fixed panel sizes, added judge-alone special courts-martial limited to six months with no punitive discharge, and introduced written plea agreements. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses. For offenses after December 27, 2023, the judge sets the sentence within new sentencing parameters.

The later rules depend on offense dates, which the records do not include. Trials from 2024 on therefore include cases under both sets of rules. The records cannot show whether any change affected these sentences.

What the Records Do Not Show

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

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.