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Understanding Trends

Navy-Marine Corps Courts-Martial With Article 134 and Article 81, 2021–2026

15 Navy and Marine Corps courts-martial from 2021–2026 charged both Article 134 (general article) and Article 81 (conspiracy). 40% were contested, compared with 29% in all Navy and Marine Corps Article 134 cases.

Understanding Trends in Military Practice · 4 min read

Trends › By Offense › Article 134 › Navy-Marine Corps, with Article 81

Short answer: 15 Navy and Marine Corps courts-martial from 2021–2026 charged both Article 134 (general article) and Article 81 (conspiracy). 40% were contested, compared with 29% in all Navy and Marine Corps Article 134 cases. The median confinement was 2 years, compared with 1.5 years across those Article 134 cases.

Based on 15 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

A Higher Contested Share

6 of the accused contested at least one charge, and 9 pleaded guilty. A case is contested when the accused enters a not-guilty or mixed plea. The contested share was 40%. Across Navy and Marine Corps Article 134 cases overall, it was 29%.

Even so, all 15 cases ended in a conviction on at least one charge.

Confinement Terms

11 of the 15 convictions carried confinement. The median term was 2 years. In Navy and Marine Corps Article 134 cases overall, the median was 1.5 years.

A quarter of the confinement terms were 4.7 years or longer. These are adjudged sentences: what was imposed at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case.

General Courts-Martial

General courts-martial made up 73% of these cases (11 of 15). Special courts-martial made up the rest. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. A special court-martial caps confinement at one year.

Discharges and Dismissal

10 of 13 convicted enlisted members received a punitive discharge: 6 bad-conduct discharges and 4 dishonorable discharges. In Navy and Marine Corps Article 134 cases overall, the share was 73%.

The group includes 1 convicted officer or warrant officer, and that officer was dismissed. Dismissal is the officer equivalent of a punitive discharge. For enlisted members, a sentence without a punitive discharge does not rule out a later administrative separation.

Who Was Charged

Junior enlisted members (E-1 to E-4) were 71% of the accused. NCOs were 21%, and officers were 7%. In all Navy and Marine Corps Article 134 cases in 2021–2026, junior enlisted members were 64%.

Charges Other Than Conspiracy

No case charged Article 134 alone. Besides Article 81, the most common charges were Article 92 (orders violation) in 4 cases, Article 129 (burglary and unlawful entry) in 4, Article 80 (attempt) in 3, and Article 82 (solicitation) in 3.

Trial Dates

Trials ran from January 2021 to March 2026. There were 7 in 2021, 3 in 2022, 2 in 2023, 1 in 2024, 1 in 2025, and 1 in 2026, a partial year.

Law Changes and Record Limits

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Because the records show only trial dates, trials from 2024 on may fall under either the old or the new rules.

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

For what the offense covers and how it is defended, see Article 134 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

How We Counted

Navy and Marine Corps courts-martial with trial dates in 2021–2026 that charged both Article 134 and Article 81 (15 cases), compared with all 458 Navy and Marine Corps Article 134 cases in those years.

Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.

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.

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