What Sentence Follows a Navy-Marine Corps Desertion Conviction?
In 52 Navy and Marine Corps convictions under Article 85 (desertion) from 2017–2025, 49 sentences included confinement. The median confinement was 5 months, compared with 6 months across all Navy and Marine Corps convictions.
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Short answer: In 52 Navy and Marine Corps convictions under Article 85 (desertion) from 2017–2025, 49 sentences included confinement. The median confinement was 5 months, compared with 6 months across all Navy and Marine Corps convictions. Most sentences were short, but 75% of convicted enlisted members received a punitive discharge, compared with 62% across the service.
Almost All Convictions Brought Short Confinement
Confinement followed 49 of 52 desertion convictions (94%). Only 3 convictions (6%) had no confinement, compared with 18% across all Navy and Marine Corps convictions.
Most of those sentences were short. The under 6 months band had 29 convictions (56%), compared with 35% across the service. The median confinement was 5 months. A quarter of the sentences were 11 months or longer.
Each figure is an adjudged sentence, announced at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.
| Adjudged confinement | Convictions | Share here | Share, all Navy and Marine Corps convictions in those years |
|---|---|---|---|
| No confinement | 3 | 6% | 18% |
| Under 6 months | 29 | 56% | 35% |
| 6 months to 1 year | 11 | 21% | 22% |
| More than 1 year, under 5 years | 8 | 15% | 18% |
| 5 years or more | 1 | 2% | 7% |
Punitive Discharges Were More Common
Among 48 convicted enlisted members, 36 received a bad-conduct or dishonorable discharge (75%), more often than the 62% across all Navy and Marine Corps convictions. Of those 36, 7 were dishonorable discharges.
The data also lists 3 convicted officers or warrant officers, of whom 2 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.
Fewer Sentences Longer Than One Year
Only 9 of the 52 convictions (17%) carried more than one year of confinement, compared with 25% across the service. Of those, 8 were between one and five years and 1 was 5 years or more.
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 35 special courts-martial here brought confinement in 97% of convictions, with a median of 3 months. The 17 general courts-martial brought confinement in 88%, with a median of 1.7 years. The general share, 33%, was lower than the 41% across the service.
How the Accused Pleaded
A plea appears in 47 of the 52 records: 34 guilty pleas and 13 contested cases, in which the accused pleaded not guilty to at least one charge. The contested share was 28%, compared with 24% across all Navy and Marine Corps convictions.
This page includes only convictions, so no contested case here ended in a full acquittal. In 3 of the 13, the result was a partial acquittal: not guilty of at least one charge or specification and guilty of another.
Other Charges in These Cases
Article 85 was the only charge in 9 of the 52 cases. The most common other charge was Article 112a (drug), in 21 cases. Article 86 (AWOL) appeared in 10, Article 107 (false official statement) and Article 87 (missing movement) in 8 each, and Article 134 (general article) in 7.
A sentence covers all findings, so those drug and absence charges are part of every figure here.
Mostly Junior Enlisted Members
Among the accused with rank recorded, 42 were junior enlisted (E-1 to E-4), 6 were NCOs (E-5 to E-9), and 3 were officers or warrant officers. The mix is more junior than all Navy and Marine Corps convictions, where 65% were junior enlisted.
Where the Cases Were Tried
Norfolk, Virginia tried 20 of these cases, more than any other installation. Camp Lejeune, North Carolina tried 8, Bremerton, Washington 6, San Diego, California 5, and Jacksonville, Florida 2. Those five account for 79% of the 52 cases. Larger installations try more cases of every kind.
The records run from May 2017 to December 2025. Each year through 2020 had between 2 and 5 cases. There were 9 in 2021, 12 in 2022, and 11 in 2023, and 3 in each of 2024 and 2025. The records do not explain these changes.
Law Changes in This Period
The Military Justice Act of 2016 took effect on January 1, 2019. It brought fixed panel sizes, judge-alone special courts-martial capped at six months with no punitive discharge, and written plea agreements. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses. Judges sentence within new parameters when every guilty finding is for an offense after December 27, 2023. These rules depend on offense dates, which the records do not give.
What the Records Do Not Show
The records give trial dates, not offense dates, and do not show how long anyone was absent, the evidence, or plea terms. Absences handled by nonjudicial punishment or administrative separation are not included. Navy and Marine Corps records before December 2020 often omit the plea, so plea counts use only those that list it.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Navy and Marine Corps courts-martial tried 2017–2025: ending in a conviction under Article 85 (desertion) (52 cases), compared with all Navy and Marine Corps convictions in those years.
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.
Related Analysis
- Article 85 (Desertion): Court-Martial Data and Trends (hub)
- Sentences (hub)
- Is Navy-Marine Corps Desertion Prosecution Rising or Falling? Article 85, 2017–2025
- Not Guilty Pleas in Navy-Marine Corps Article 85 Cases: What Happened at Trial
- When Navy-Marine Corps Accused Plead Guilty to Desertion
- What Sentence Follows an Army Desertion Conviction? (another service)
- How Much Confinement for an Article 85 Conviction in the Air Force? (another service)
- Search every case in 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. This analysis is for education and information only. It is not legal advice, and every case is different.