Is Navy-Marine Corps General Article Prosecution Rising or Falling? Article 134, 2017–2025

Trends › By Offense › Article 134 › Navy-Marine Corps

Based on 640 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

A Larger Share of Convictions

Article 134 was part of 179 of 1,243 convictions with offenses listed (14%) in 2017–2019. It was part of 212 of 940 (23%) in 2023–2025, a larger share. The increase came in 2021, when convictions including Article 134 reached their highest count, 106, or 28% of that year's total. In each year from 2022 through 2025, the share was between 21% and 24%.

Case counts show the same change. There were 66 cases in 2017, 71 in 2018, 50 in 2019, and 48 in 2020. There were 110 in 2021, 70 in 2022, 68 in 2023, 84 in 2024, and 73 in 2025. The 640 cases are 17% of the 3,740 Navy and Marine Corps courts-martial in the period. The records do not show the reasons for the increase.

Long Sentences Were Common

Confinement was part of 87% of the 615 convictions. The median confinement was 1.5 years, compared with a 6-month median Navy and Marine Corps-wide. A quarter of the sentences were 3 years or longer.

Confinement longer than one year was imposed in 317 of 615 convictions (52%), compared with 25% across the Navy and Marine Corps. Sentences between 1 and 5 years made up 38% of convictions, compared with 18%. Sentences of 5 years or more made up 14%, compared with 7%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in a case.

Other Charges in These Cases

Article 134 was the only charge in 240 of the 640 cases. In the other cases, Article 128 (assault) was the most common other charge, in 106 cases. Article 92 (orders violation) appeared in 89, Article 80 (attempt) in 84, Article 120b (child sexual abuse) in 83, and Article 120 (sexual assault) in 67.

A sentence covers all the charges together. The long sentences above therefore include punishment for those other offenses. The records do not divide a sentence by charge.

Most Cases Were General Courts-Martial

A general court-martial can impose long confinement and a dishonorable discharge. General courts-martial made up 71% of these cases (452 of 640). A special court-martial is limited to one year of confinement and a bad-conduct discharge. Special courts-martial tried 188 cases.

The median confinement was 2 years at general courts-martial and 3 months at special courts-martial. The contested shares were about the same, at 28% and 27%.

Punitive Discharges Were More Common

Of enlisted convictions, 75% included a punitive discharge, compared with 62% across the Navy and Marine Corps. There were 233 dishonorable discharges and 200 bad-conduct discharges. Of 28 convicted officers or warrant officers, 17 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Pleas and Verdicts

Of the 497 records that list a plea, 358 were guilty pleas and 139 were contested. A contested case is one with a not-guilty plea to at least one charge. The contested share was 28%, compared with 32% across the Navy and Marine Corps. Records from before December 2020 often omit the plea.

Of the 139 contested cases that reached a verdict, 17 ended in a full acquittal (12%), compared with 31% Navy and Marine Corps-wide. Another 30 were partial acquittals, with a not-guilty finding on some charges and a conviction on others.

Rank and Installations

Junior enlisted members (E-1 to E-4) made up 59% of the accused, NCOs 36%, and officers 5%. Across all Navy and Marine Corps cases, junior enlisted members were 63%.

Camp Lejeune, North Carolina had 96 cases. Camp Pendleton, California had 70, San Diego, California 55, Norfolk, Virginia 52, and Okinawa, Japan 47. Together they account for 50% of the 640 cases. Larger installations try more cases of every kind, so a high count does not show a problem at any one base.

Law Changes and the Limits of the Records

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 brought in written plea agreements. 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. These rules depend on offense dates, which the records do not include.

The evidence, the plea terms, and conduct handled by nonjudicial punishment or administrative separation are not in these records.

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.