Navy-Marine Corps Cases Charging Both Article 81 and Article 92

Trends › By Offense › Article 81 › Navy-Marine Corps, with Article 92

Based on 26 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Punitive Discharges in 77% of Enlisted Convictions

A punitive discharge followed 77% of enlisted convictions in these cases. That count includes 13 bad-conduct discharges and 4 dishonorable discharges. For all Navy and Marine Corps Article 81 cases in 2021–2026, the rate was 75%.

A punitive discharge is a bad-conduct discharge or a dishonorable discharge for an enlisted member. Officers receive a dismissal instead, and no officers were among the accused here. A sentence without a punitive discharge does not rule out a later administrative separation.

Most of the Accused Pleaded Guilty

Pleas are listed in 23 of the 26 records. Of those, 17 accused pleaded guilty and 6 contested at least one charge. A contested case is one with a not-guilty or mixed plea. The contested share was 26%, about the same as the 24% for Navy and Marine Corps Article 81 cases overall.

Of the 26 cases, 23 ended in a conviction on at least one charge. With only 6 contested cases, this page does not compare acquittal rates.

Confinement After Conviction

Of the 23 convictions, 18 included confinement (78%). The median confinement was 8 months, the same as the 8-month median for Navy and Marine Corps Article 81 cases. A quarter of those terms were 1.3 years or longer.

These are adjudged sentences: the terms announced at trial, before any plea-agreement cap, clemency, or appeal. They cover every charge in the case, including the companion charges described below.

Sentence Bands Compared

Terms longer than one year came in 5 of 23 convictions (22%), about the same as the 23% across Article 81 cases. Within that group, 2 convictions carried 5 years or more (9%), compared with 6%.

No confinement was adjudged in 5 convictions (22%), compared with 17%. Terms under 6 months made up 30%, compared with 26%. Terms of 6 months to 1 year made up 26%, compared with 34%.

General and Special Courts-Martial

There were 10 general courts-martial and 13 special courts-martial. The court level is not listed for 3 cases. The general share was 43%, compared with 42% across Navy and Marine Corps Article 81 cases.

A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence. The general courts-martial here had a median confinement of 1.4 years, and 30% were contested. The special courts-martial had a median of 5 months, and 23% were contested.

Charges Beyond Conspiracy and Orders Violations

Article 107 (false official statement) was charged in 7 of the cases. Article 119 (manslaughter) and Article 131b (obstruction) each appeared in 5. Article 114 (endangerment) appeared in 4.

A case counts under every article it charged. The records list the charges but not the facts behind them, and each sentence covers all charges together.

Rank, Years, and Installations

Among the accused with rank recorded, 15 were junior enlisted members (E-1 to E-4) and 7 were NCOs (E-5 to E-9). The mix was more senior than all Navy and Marine Corps Article 81 cases, where 84% were junior enlisted.

The cases were tried from January 2021 to April 2026. There were 11 in 2021, 2 in each of 2022, 2023, and 2024, 5 in 2025, and 4 in 2026. The 2026 count is a partial year.

Camp Pendleton, California and Camp Lejeune, North Carolina each tried 6 cases. Norfolk, Virginia tried 4. Marine Corps Base Hawaii, Kaneohe Bay and Okinawa, Japan tried 2 each. These five installations account for 77% of the 26 cases. Larger installations try more cases overall, so these counts do not show a problem at any base.

Rule Changes and Gaps in the Data

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. For offenses after December 27, 2023, when every guilty finding is for such an offense, the military judge sets the sentence within new sentencing parameters. Both rules depend on the offense date, which the records do not give.

These records show only what reached a courtroom. Cases resolved by nonjudicial punishment, administrative separation, or no action are not included. The records also do not describe the evidence or the plea terms.

Dates and sources for the law changes mentioned here: 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.