Article 134 With Article 90 in the Navy and Marine Corps: What the Records Show

Trends › By Offense › Article 134 › Navy-Marine Corps, with Article 90

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

53% of Cases Contested

8 accused contested at least one charge, and 7 pleaded guilty. The contested share was 53%. In Navy and Marine Corps-wide Article 134 cases, the share was 29%.

A case counts as contested when the accused pleads not guilty to at least one charge. That includes mixed pleas, where the accused pleads guilty to some charges and not guilty to others.

Fewer Punitive Discharges

Among 13 enlisted members convicted, 6 received a bad-conduct discharge or a dishonorable discharge (46%). None of those 6 were dishonorable discharges. In all Navy and Marine Corps Article 134 cases in 2021–2026, the share was 73%.

The records also include 1 convicted officer or warrant officer, who was not dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Shorter Median Confinement

There were 14 convictions, and 9 of them carried confinement. The median was 9 months, shorter than the 1.5 years in Navy and Marine Corps Article 134 cases overall. A quarter of the confinement terms were 1.1 years or longer.

These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Court Level

8 of the 15 cases were general courts-martial (53%). In all Navy and Marine Corps Article 134 cases in 2021–2026, the share was 68%. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Charges in the Same Cases

Every case listed at least one article besides Article 134. Apart from Article 90, the most frequent were Article 92 (orders violation) in 5 cases, Article 128 (assault) in 4, Article 128b (domestic violence) in 3, and Article 86 (AWOL) in 3.

Rank

Junior enlisted members (E-1 to E-4) were 73% of the accused, NCOs were 20%, and officers were 7%. Across all Navy and Marine Corps Article 134 cases in 2021–2026, junior enlisted members were 64%.

Trials Each Year

The trials took place from January 2021 to July 2026. By year, there were 7 in 2021, 2 in 2022, 0 in 2023, 1 in 2024, 2 in 2025, and 3 in 2026. The 2026 count is for part of the year.

Rule Changes and Missing Details

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 in a case is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Both depend on the offense date, which the records do not give, so trials from 2024 on mix old-rule and new-rule cases.

Only courtroom cases are counted. Nonjudicial punishment, administrative separation, and cases with no action are not in the data. The records do not describe the evidence or the plea terms.

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.

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.