Fighting a Navy-Marine Corps AWOL Charge: How Contested Cases Ended

Trends › By Offense › Article 86 › Fighting a Navy-Marine Corps AWOL Charge

Based on 28 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Contested AWOL Cases Only

This post covers only one kind of case: Navy and Marine Corps courts-martial where the accused was charged under Article 86, absence without leave, and contested at least one charge. A case counts as contested when the accused pleads not guilty to at least one charge, with a not-guilty plea or a mixed plea. Every case here is contested, so guilty-plea cases are not counted.

The records hold 28 such cases, tried from November 2017 to September 2025. That is a small group, and a few cases can change any percentage below.

Few Full Acquittals

Only 2 of the 28 contested cases that reached a verdict ended in a full acquittal, meaning not guilty of every charge. That 7% rate is lower than the 31% full-acquittal rate across all contested Navy and Marine Corps cases in the same years.

Another 8 cases ended in a partial acquittal, meaning not guilty of at least one charge or specification but guilty of another. Full acquittals were uncommon, but many contested AWOL cases did not end in a conviction on every charge.

The records do not explain the acquittal rate. They show findings, not the evidence.

Most Cases Included Other Charges

Article 86 was the only charge in 2 of the 28 cases. Most cases also included other charges: Article 92 (orders violation) in 13 cases, Article 112a (drug offenses) in 11, Article 107 (false official statement) in 7, Article 128 (assault) in 6, and Article 90 (disobeying an officer) in 6.

A full acquittal requires a not-guilty finding on every charge in the case, not only on the absence charge, and the sentence that follows a conviction covers all of the charges together.

Shorter Confinement Than Other Contested Cases

Of the 26 convictions, 20 included confinement. The median confinement was 3 months, shorter than the 7 months across all contested Navy and Marine Corps cases. A quarter of the sentences were 1.1 years or longer.

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

Sentence Lengths by Band

Sentences under 6 months made up 42% of the convictions here, compared with 28% in all contested Navy and Marine Corps cases. No confinement was adjudged in 23% of convictions here, compared with 34%.

Sentences longer than one year were less common: 5 of 26 convictions (19%), compared with 24% in all contested cases. Only a general court-martial can adjudge more than one year of confinement.

Discharges and Court Level

Among 22 enlisted members convicted, 10 received a bad-conduct or dishonorable discharge (45%). That is less often than the 50% in all contested Navy and Marine Corps cases. Of the 10, 2 were dishonorable discharges. A sentence without a punitive discharge does not rule out a later administrative separation.

Court level also limits what a sentence can include. Only 8 of the 28 cases were general courts-martial (29%), compared with 53% in all contested cases. A general court-martial can impose any lawful sentence, including a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Who Was Accused

The accused were mostly junior: 19 junior enlisted members, 5 NCOs, and 0 officers among those with a rank listed. The group is more junior than all contested Navy and Marine Corps cases. Junior enlisted means pay grades E-1 to E-4. Some records do not list a rank, so these counts do not cover every case.

When and Where

There were few cases each year: 1 in 2017, 1 in 2018, 0 in 2019, 3 in 2020, 5 in 2021, 6 in 2022, 3 in 2023, 4 in 2024, and 5 in 2025. Camp Lejeune, North Carolina had the most (5). Great Lakes, Illinois had 4, Bremerton, Washington 3, and Camp Pendleton, California and Marine Corps Base Hawaii, Kaneohe Bay 2 each. Together they account for 57% of the 28 cases. Larger installations try more cases of every kind.

The Military Justice Act of 2016 took effect on January 1, 2019. It brought fixed panel sizes, judge-alone special courts-martial, and written plea agreements. Cases with offenses from before 2019 kept the old rules.

What the Records Do Not Show

Navy and Marine Corps records before December 2020 often omit the plea, so plea counts use only records that list it. The records also give trial dates, not offense dates. They do not include absences handled through nonjudicial punishment, administrative separation, or no action.

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.