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# What Happens to Navy-Marine Corps NCOs (E-5 to E-9) Facing Attempt Charges?
- URL: https://www.bodiesburied.com/trends/navy-marine-corps-article-80-ncos/
- Published: 2026-10-28T08:18:53.000Z
- Updated: 2026-10-30T08:13:38.000Z
- Description: The Navy and Marine Corps held 129 courts-martial from 2017–2025 in which NCOs (E-5 to E-9) faced attempt charges under Article 80. The median confinement was 2 years, longer than the 1.5 years across all Navy and Marine Corps Article 80 cases.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 80, Navy-Marine Corps

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 80](https://www.bodiesburied.com/trends/article-80-courts-martial/) › NCOs (E-5 to E-9)

**Short answer:** The Navy and Marine Corps held 129 courts-martial from 2017–2025 in which NCOs (E-5 to E-9) faced attempt charges under Article 80\. The median confinement was 2 years, longer than the 1.5 years across all Navy and Marine Corps Article 80 cases. Of cases with a plea recorded, 38% were contested, compared with 31% for all Navy and Marine Corps Article 80 cases.

Based on 129 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

## Longer Confinement Than Across the Service

NCOs charged with attempt received longer confinement than the accused in all Navy and Marine Corps Article 80 cases. Of 120 convictions, 90% included confinement. The median confinement was 2 years, compared with 1.5 years for all Article 80 cases. A quarter of the sentences were 4 years or longer.

Sentences longer than one year followed 75 of 120 convictions (62%), compared with 55% across the service. The band from more than 1 year to under 5 years had 44%, compared with 39%. The 6 months to 1 year band was smaller: 14% compared with 22%.

These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal. They cover every charge on which the NCO was convicted.

| Adjudged confinement            | Convictions | Share here | Share, all Navy and Marine Corps Article 80 cases |
| ------------------------------- | ----------- | ---------- | ------------------------------------------------- |
| No confinement                  | 12          | 10%        | 9%                                                |
| Under 6 months                  | 16          | 13%        | 14%                                               |
| 6 months to 1 year              | 17          | 14%        | 22%                                               |
| More than 1 year, under 5 years | 53          | 44%        | 39%                                               |
| 5 years or more                 | 22          | 18%        | 16%                                               |

## Sexual Offense Charges Were Common

Most cases involved more than the attempt charge: 108 of the 129 charged at least one other article. Article 120b (child sexual abuse) was the most common other charge, in 51 cases. Article 120 (sexual assault) appeared in 35 and Article 128 (assault) in 34.

Article 134 (general article) appeared in 28 cases and Article 120c (indecent recording and exposure) in 14\. The records do not divide a sentence among charges, so the confinement figures are not for the attempt charge alone.

## NCOs Contested More Often

Of the 129 records, 98 list a plea. Of those, 61 NCOs pleaded guilty and 37 contested at least one charge with a not-guilty or mixed plea. That 38% contested share is higher than the 31% for all Navy and Marine Corps Article 80 cases.

Navy and Marine Corps records before December 2020 often omit the plea, so the share uses only records that include it.

## Full Acquittals Were Somewhat More Common

Of the 37 contested cases that reached a verdict, 8 ended in a full acquittal (22%). That is higher than the 18% for all Navy and Marine Corps Article 80 cases. Another 3 (8%) were partial acquittals, meaning not guilty of at least one charge or specification but guilty of another.

A partial acquittal still ends in a sentence on the remaining convictions. In a case with an attempt charge and another offense, a partial acquittal can mean a conviction on one and an acquittal on the other. These counts do not show which charge ended in which finding.

## Most Punitive Discharges Were Dishonorable

A punitive discharge followed 81% of convictions, about the same as the 84% for all Navy and Marine Corps Article 80 cases. Of those, 64 were dishonorable discharges and 33 were bad-conduct discharges.

A dishonorable discharge can only come from a general court-martial. A sentence without a punitive discharge does not rule out a later administrative separation, which these records do not show.

## General Courts-Martial Handled 80%

Of the 129 cases, 103 were general courts-martial (80%, compared with 77% for all Navy and Marine Corps Article 80 cases), and 26 were special courts-martial. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

At the general level, the median confinement was 2.5 years and 42% of cases were contested. At the special level, the median was 4 months and 24% were contested.

All of these accused were NCOs. In all Navy and Marine Corps Article 80 cases, junior enlisted members made up 56% of the accused.

## Cases by Year and by Base

There were 14 cases in 2017, 22 in 2018, 22 in 2019, and 14 in 2020\. There were 17 in 2021, 7 in 2022, 10 in 2023, 13 in 2024, and 10 in 2025\. The highest counts were in 2018 and 2019.

San Diego, California tried 16 cases, Camp Lejeune, North Carolina 15, Norfolk, Virginia and Pearl Harbor, Hawaii 12 each, and Okinawa, Japan 11\. These five account for 51% of the 129 cases. Larger installations try more cases of every type.

## Rule Changes and Record Limits

Special trial counsel have decided whether to prosecute covered offenses, including sexual assault, since December 28, 2023, and new sentencing parameters apply when every guilty finding is for an offense after December 27, 2023\. These records give trial dates only, so trials from 2024 on include cases under both the old and the new rules.

Cases resolved by nonjudicial punishment, administrative separation, or no action are not here, and the records do not describe the evidence or any plea terms. They also do not identify what offense was attempted, beyond the other charges listed.

For what the offense covers and how it is defended, see [Article 80 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-80/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Navy and Marine Corps courts-martial tried 2017–2025 that charged NCOs (E-5 to E-9) under Article 80 (129 cases), compared with every Navy and Marine Corps Article 80 case.

Source: public court-martial records (Article 140a, UCMJ) in [Military Trial Results](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Article 80 (Attempts): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-80-courts-martial/) (hub)
- [Navy-Marine Corps Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/navy-marine-corps-courts-martial/) (hub)
- [Junior Enlisted (E-1 to E-4) Charged Under Article 80 in the Army](https://www.bodiesburied.com/trends/army-article-80-junior-enlisted/)
- [What Happens to Army NCOs (E-5 to E-9) Facing Attempt Charges?](https://www.bodiesburied.com/trends/army-article-80-ncos/)
- [Air Force Attempt Cases Against Junior Enlisted (E-1 to E-4): Outcomes and Sentences](https://www.bodiesburied.com/trends/air-force-article-80-junior-enlisted/)
- [Army Article 80 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-80-trend-2021-2025/)
- [Fewer or More? Attempt Charges at Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-80-trend-2016-2025/)
- [Article 80 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-80/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.