How Much Confinement for an Article 81 Conviction in the Navy-Marine Corps?

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Based on 245 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Almost Every Case Included Another Charge

A conspiracy charge is an agreement to commit some other offense. Only 6 of the 245 cases charged Article 81 without another article; 239 included at least one more. Article 112a (drug) appeared in 119, Article 121 (larceny) in 54, Article 92 (orders violation) in 48, Article 131b (obstruction, numbered since 2019) in 41, and Article 107 (false official statement) in 32.

Drug charges were the most common. Every sentence covers all findings in a case, so the figures below are for conspiracy together with the other charges in the case.

Longer Than the Service Median

The median confinement was 9 months, and a quarter of sentences were 1.5 years or longer. Only 19 convictions (8%) carried no confinement, compared with 18% across all Navy and Marine Corps convictions.

Most sentences were 1 year or less: 73 convictions (30%) were under 6 months and 75 (31%) were from 6 months to 1 year. Another 78 of 245 convictions (32%) carried more than one year, compared with 25% across the service. The share at 5 years or more was 7%, the same as across the service.

These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal.

Sentences by Court Level

Special courts-martial heard 133 of the cases and general courts-martial heard 112. The general share, 46%, is higher than the 41% across the service. A general court-martial can impose any lawful sentence; a special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

At general courts-martial, the median confinement was 1.5 years and 25% of cases were contested. At special courts-martial, the median was 5 months, with 14% contested.

Punitive Discharges

A punitive discharge followed 81% of enlisted convictions: 149 bad-conduct discharges and 43 dishonorable discharges. The share across the service was 62%. A dishonorable discharge requires a general court-martial, so all 43 came from general courts-martial. Bad-conduct discharges can come from either level.

Among 4 convicted officers or warrant officers, 2 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Few Cases Were Contested

Of 245 records, 157 list a plea. Among those, 128 accused pleaded guilty and 29 contested at least one charge with a not-guilty or mixed plea. The contested share, 18%, is lower than the 24% across all Navy and Marine Corps convictions.

No full acquittals appear, since every case here ended in a conviction. Of the 29 contested cases, 6 ended in a partial acquittal, meaning not guilty of at least one charge or specification but guilty of another.

Mostly Junior Enlisted Members

Junior enlisted members (E-1 to E-4) made up 79% of the accused, NCOs 19%, and officers 2%. Across all Navy and Marine Corps convictions, junior enlisted members were 65%. This group was more junior than all Navy and Marine Corps convictions.

Where and When

Camp Lejeune, North Carolina tried 57 of the 245 cases, more than any other installation. Norfolk, Virginia tried 26, Camp Pendleton, California and Bremerton, Washington 24 each, and San Diego, California 20. Together the five account for 62% of the cases. Larger installations try more cases of every kind.

The trials took place from January 2017 through November 2025. Each year through 2021 had between 26 and 45 cases. Each later year had between 13 and 21. The records cannot explain the change.

Changes to Military Law

On January 1, 2019, the Military Justice Act of 2016 took effect. It set fixed panel sizes, created judge-alone special courts-martial capped at six months with no punitive discharge, and introduced written plea agreements. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses. Judges set sentences under new parameters when every guilty finding is for an offense after December 27, 2023. The records do not give offense dates, so they cannot show which rules applied to each trial.

What the Records Do Not Show

Only cases that went to court-martial appear. Conduct handled by nonjudicial punishment, administrative separation, or no action is not included. The records do not describe the evidence or the plea terms. Navy and Marine Corps records before December 2020 often omit the plea, so plea counts use only the records that list one.

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.