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How Navy-Marine Corps Attempt Cases Ended in 2019

In 2019 the Navy and Marine Corps tried 44 cases that included an Article 80 attempt charge. Only 2 of 11 contested cases that reached a verdict ended in a full acquittal (18%), compared with 55% across the service.

Understanding Trends in Military Practice · 6 min read

Trends › By Offense › Article 80 › Navy-Marine Corps, 2019

Short answer: In 2019 the Navy and Marine Corps tried 44 cases that included an Article 80 attempt charge. Only 2 of 11 contested cases that reached a verdict ended in a full acquittal (18%), compared with 55% across the service. The median confinement was 2 years, compared with 6 months for all Navy and Marine Corps cases that year.

Based on 44 cases · 2019 · Navy and Marine Corps records · data updated October 24, 2026

Few Full Acquittals at Trial

A case counts as contested when the accused pleads not guilty to at least one charge. Of 11 contested cases that reached a verdict, 2 ended in a full acquittal, meaning not guilty of every charge. That is a full-acquittal rate of 18%.

For all Navy and Marine Corps cases in 2019, the full-acquittal rate was 55%. Contested attempt cases ended in a conviction more often than contested cases across the service. None of the 11 ended in a partial acquittal, meaning not guilty of at least one charge or specification but guilty of another.

Every Conviction Brought Confinement

There were 41 convictions on at least one charge, and all 41 included confinement. The median adjudged confinement was 2 years, compared with 6 months in all Navy and Marine Corps cases in 2019. A quarter of the sentences were 4 years or longer.

Adjudged sentences are the ones announced at trial. They come before any plea-agreement cap, clemency, or appeal, and each one covers all charges in the case rather than the attempt alone.

Most Sentences Were Longer Than One Year

Confinement of more than a year followed 29 of 41 convictions (71%). Across the service, that share was 24%. The largest band was more than 1 year but under 5 years, with 21 convictions (51%). Another 8 (20%) were 5 years or more, compared with 5% across the service.

Only 3 convictions (7%) brought less than 6 months, compared with 35% of all Navy and Marine Corps convictions. Another 9 (22%) were between 6 months and 1 year, about the same as the 23% service figure. Only a general court-martial may adjudge more than a year; a special court-martial is capped at one year.

Adjudged confinementConvictionsShare hereShare, all Navy and Marine Corps cases in 2019
No confinement00%18%
Under 6 months37%35%
6 months to 1 year922%23%
More than 1 year, under 5 years2151%19%
5 years or more820%5%

What Else Appeared on the Charge Sheet

Article 80 was the lone charge in just 1 of the 44 cases. Article 120b (child sexual abuse) appeared alongside it in 22 cases, Article 120 (sexual assault) in 14, Article 128 (assault) in 11, Article 134 (general article) in 8, and Article 112a (drug) in 5. A sentence covers the whole case, so these other offenses are part of every sentence figure on this page.

Nearly Every Enlisted Conviction Ended in a Punitive Discharge

Of 40 convicted enlisted members, 38 received a bad-conduct or dishonorable discharge: 23 dishonorable and 15 bad-conduct. In all Navy and Marine Corps cases in 2019, the punitive-discharge share was 60%.

The 1 convicted officer or warrant officer was dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation, which these records do not show.

Rank and Court Level

Among the accused with rank recorded, 20 were junior enlisted, 22 were NCOs, and 1 was an officer. This group was more senior than all Navy and Marine Corps cases in 2019. General courts-martial, which can impose long confinement and a dishonorable discharge, handled 38 of the 44 cases (86%), and special courts-martial handled the rest.

A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. The long sentences and the 23 dishonorable discharges on this page came in a group tried mostly at general courts-martial.

Pleas and the 2018 Comparison

Only 26 of the 44 records list a plea, a common gap in Navy and Marine Corps records before December 2020. Among them, 15 accused pleaded guilty and 11 contested. The contested share was 42%, compared with 28% across the service.

Compared with 2018, the number of cases went from 55 to 44. The contested share went from 35% to 42%. Full acquittals went from 0 of 9 to 2 of 11. Median confinement went from 1.5 years to 2 years. Convictions with confinement went from 93% to 100%, and punitive discharges went from 86% to 95%. The general court-martial share went from 78% to 86%. With counts this small, a few cases can change each figure.

20182019
Cases5544
Contested (of pleas recorded)35%42%
Full acquittals (decided contested)0 of 92 of 11
Convictions with confinement93%100%
Median confinement1.5 years2 years
Punitive discharge (enlisted)86%95%
General courts-martial78%86%

Where These Trials Took Place

Camp Lejeune, North Carolina had the most cases, 9. San Diego, California and Norfolk, Virginia had 7 each, Okinawa, Japan had 5, and Camp Pendleton, California had 3. These five installations account for 70% of the 44 cases. Larger installations try more cases of every kind, so a high count alone does not show a problem at any one base.

Limits of the Records

Only cases that went to court-martial are counted. Nonjudicial punishment, administrative separation, and cases with no action are not in the data. The records do not describe the evidence or any plea terms.

Trial dates are recorded, but offense dates are not, so a 2019 trial may concern conduct from an earlier year. The plea counts above also rest on 26 records rather than all 44, which makes the contested share less certain than the sentencing figures.

For what the offense covers and how it is defended, see Article 80 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 a trial date in 2019 that charged Article 80 (44 cases), compared with all Navy and Marine Corps cases that year and with 2018.

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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