How Navy-Marine Corps AWOL Cases Ended in 2020

Trends › By Offense › Article 86 › Navy-Marine Corps, 2020

Based on 26 cases · 2020 · Navy and Marine Corps records · data updated October 24, 2026

Close to the Service Figures

On several measures, absence cases were similar to all Navy and Marine Corps cases in 2020. The median confinement was 6 months, the same as the service median of 6 months. The punitive-discharge share for enlisted members, 64%, was about the same as the 62% service figure.

The differences were in sentence length, in how often a conviction had no confinement, and in the rank of the accused.

Confinement by Length

All 26 cases ended in a conviction, and confinement was part of 81% of them. A quarter of the sentences were 1 year or longer. These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal. They cover every charge in a case.

No confinement followed 5 convictions (19%), a higher share than the 15% across the service. The most common band was 6 months to 1 year, with 9 convictions (35%), compared with 23% across the service. Another 7 (27%) brought less than 6 months, lower than the 36% service share.

Fewer Long Sentences

Confinement of more than one year followed 5 of 26 convictions (19%), less often than the 26% across the service. All 5 were between 1 and 5 years. None was 5 years or more.

Only a general court-martial can adjudge more than one year of confinement, and general courts-martial made up 23% of these cases (6 of 26). Special courts-martial, which cap confinement at one year and cannot impose a dishonorable discharge, heard the rest.

Punitive Discharges

Of 25 convicted enlisted members, 16 received a bad-conduct or dishonorable discharge (64%), and 1 of those was dishonorable. The 1 convicted officer or warrant officer was not dismissed.

A sentence without a punitive discharge does not rule out a later administrative separation, which these records do not show.

Other Charges in These Cases

Only 2 of the 26 cases charged Article 86 by itself. Article 112a (drug) was the most common other charge, in 9 cases. Article 128 (assault) appeared in 6, Article 121 (larceny) and Article 92 (orders violation) in 5 each, and Article 107 (false official statement) in 4.

A sentence covers every charge, so the numbers on this page are for the whole case, not the absence offense alone.

Pleas Where Recorded

Only 12 of the 26 records list a plea, since Navy and Marine Corps records before December 2020 often omit it. Of those, 9 show a guilty plea and 3 show a not-guilty or mixed plea. A not-guilty or mixed plea makes a case contested. The contested share was 25%, compared with 30% across the service.

The data give no verdict figures for those 3 contested cases, so no acquittal rate is stated. With so few recorded pleas, a single case would change the contested share.

Changes Since 2019

The number of cases went from 22 in 2019 to 26 in 2020. The contested share went from 0% to 25%, and the general court-martial share went from 14% to 23%. Enlisted punitive discharges went from 50% to 64%. Median confinement went from 5 months to 6 months. Convictions with confinement were about the same, 82% and then 81%.

With so few cases each year, a few cases can change these figures, so they show direction, not precise size.

The Accused and the Installations

The accused included 19 junior enlisted members (E-1 to E-4), 6 NCOs (E-5 to E-9), and 1 officer or warrant officer. Junior enlisted members were 64% of all Navy and Marine Corps accused in 2020, so this group was more junior.

Camp Lejeune, North Carolina tried 6 of these cases and Camp Pendleton, California 4. San Diego, California and Norfolk, Virginia tried 3 each, and Jacksonville, Florida 2. Together they account for 69% of the 26 cases. Larger installations try more cases of every type, so a high count alone does not show a problem at any base.

What These Records Cannot Show

The records hold charges, pleas, findings, and sentences, covering trials from January 2020 to November 2020. They do not show the evidence, any plea terms, or the dates of the absences. Absences handled through nonjudicial punishment or administrative separation are not included.

A trial date does not show when the absence began or how long it lasted. The confinement figures are adjudged sentences, so time actually served after any agreement or clemency may differ.

For what the offense covers and how it is defended, see Article 86 on the law firm's website. Dates and sources for the law changes: 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.