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Navy-Marine Corps Article 81 Cases in 2021

Navy and Marine Corps courts-martial in 2021 included 46 cases charging Article 81 (conspiracy).

Understanding Trends in Military Practice · 6 min read

Trends › By Offense › Article 81 › Navy-Marine Corps, 2021

Short answer: Navy and Marine Corps courts-martial in 2021 included 46 cases charging Article 81 (conspiracy). Only 1 of 13 contested cases that reached a verdict ended in a full acquittal (8%), compared with 26% across the service, and 81% of convicted enlisted members received a punitive discharge, compared with 64% for all Navy and Marine Corps cases that year.

Based on 46 cases · 2021 · Navy and Marine Corps records · data updated October 24, 2026

Few Contested Cases Ended in a Full Acquittal

A case is contested when the accused pleads not guilty to at least one charge. Of 13 contested conspiracy cases that reached a verdict, 1 ended in a full acquittal (8%). For all Navy and Marine Corps cases in 2021, the full-acquittal rate was 26%.

Another 2 contested cases ended in a partial acquittal, meaning not guilty of at least one charge or specification but guilty of another.

How the Accused Pleaded

The plea is recorded in 45 of the 46 cases. Of those, 32 accused pleaded guilty and 13 contested. The contested share was 29%, slightly lower than the 32% for all Navy and Marine Corps cases in 2021.

Navy and Marine Corps records before December 2020 often omit the plea, but nearly every record here lists one. Contested shares for earlier years of this offense are based on fewer recorded pleas than this year's figure.

Shorter Terms Than the Service Median

There were 45 convictions, and confinement was part of 87% of them. The median confinement was 6 months, slightly lower than the 7 months for all Navy and Marine Corps cases in 2021.

These figures are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal. Each one covers all the charges in a case.

Sentence Lengths by Band

Most sentences were 1 year or less. The under 6 months band and the 6 months to 1 year band each had 15 convictions (33%). The under 6 months share was the same as the 33% service share. The 6 months to 1 year share was higher than the 26% service figure.

Only 9 of 45 convictions (20%) carried more than one year, less often than the 26% across the service. Of those, 8 (18%) were between 1 and 5 years, and 1 (2%) was 5 years or more. Another 6 convictions (13%) had no confinement, about the same as the 15% service share.

Adjudged confinementConvictionsShare hereShare, all Navy and Marine Corps cases in 2021
No confinement613%15%
Under 6 months1533%33%
6 months to 1 year1533%26%
More than 1 year, under 5 years818%21%
5 years or more12%5%

Mostly Special Courts-Martial

Special courts-martial heard 29 of the cases and general courts-martial heard 17. The general share was 37%. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge; a general court-martial can impose long confinement and a dishonorable discharge.

The median confinement was 1.2 years at the general level and 5 months at the special level. Cases were contested somewhat more often at general courts-martial, 35%, than at special courts-martial, 25%.

Bad-Conduct Discharges Most Common

Of 43 convicted enlisted members, 35 received a punitive discharge: 29 bad-conduct and 6 dishonorable. Across the Navy and Marine Corps in 2021, the share was 64%. The 1 convicted officer or warrant officer was dismissed.

A sentence without a punitive discharge can still be followed by an administrative separation, which the court-martial records do not show.

Conspiracy Never Charged Alone

Every one of the 46 cases charged at least one other article with conspiracy. Article 112a (drug) appeared in 28 of them. Article 92 (orders violation) appeared in 11, Article 131b (obstruction) in 10, Article 107 (false official statement) in 9, and Article 134 (general article) in 7. Each sentence covers all of these charges together.

Who Was Charged, and Where

Among the accused with rank recorded, 39 were junior enlisted (E-1 to E-4), 5 were NCOs (E-5 to E-9), and 1 was an officer or warrant officer. Junior enlisted members made up 69% of all Navy and Marine Corps accused in 2021, so this group was more junior.

Camp Pendleton, California tried 10 of these cases, Norfolk, Virginia 9, Camp Lejeune, North Carolina 7, Great Lakes, Illinois 4, and Twentynine Palms, California 3. Those five account for 72% of the cases. Larger installations try more cases of every kind, so a high count alone does not show a problem at any one base.

Change From 2020

The number of cases went from 26 to 46, and the contested share went from 14% to 29%. Full acquittals in contested cases that reached a verdict went from 0 of 2 to 1 of 13. Convictions with confinement went from 100% to 87%. Median confinement went from 7 months to 6 months, and enlisted punitive discharges went from 73% to 81%. The general court-martial share was about the same, 38% and then 37%.

In groups of this size, a few cases can change each figure, so the changes show direction only.

20202021
Cases2646
Contested (of pleas recorded)14%29%
Full acquittals (decided contested)0 of 21 of 13
Convictions with confinement100%87%
Median confinement7 months6 months
Punitive discharge (enlisted)73%81%
General courts-martial38%37%

What the Records Do Not Show

The records show charges, pleas, findings, and sentences. They do not show the evidence, the terms of any plea agreement, offense dates, or conduct handled through nonjudicial punishment or administrative separation.

Only trial dates appear, so some of these 2021 trials may involve conduct from earlier years. The confinement figures are adjudged sentences, so they do not show time actually served after any plea cap or clemency.

Dates and sources for the law changes mentioned here: UCMJ change timeline.

How We Counted

Navy and Marine Corps courts-martial with a trial date in 2021 that charged Article 81 (46 cases), compared with all Navy and Marine Corps cases that year and with 2020.

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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