Navy-Marine Corps AWOL Cases Against NCOs (E-5 to E-9): Outcomes and Sentences
The records hold 30 Navy and Marine Corps courts-martial from 2017–2025 in which NCOs (E-5 to E-9) were charged with absence without leave under Article 86. Only 27% of the convicted NCOs received a punitive discharge, compared with 63% across all Navy and Marine Corps Article 86 cases.
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Trends › By Offense › Article 86 › NCOs (E-5 to E-9)
Short answer: The records hold 30 Navy and Marine Corps courts-martial from 2017–2025 in which NCOs (E-5 to E-9) were charged with absence without leave under Article 86. Only 27% of the convicted NCOs received a punitive discharge, compared with 63% across all Navy and Marine Corps Article 86 cases. The median confinement was 3 months, about the same as the 4 months for all Article 86 cases.
Fewer Punitive Discharges
The largest difference is in punitive discharges. Of the 30 convictions, 27% included one: 6 bad-conduct discharges and 2 dishonorable discharges. Across all Navy and Marine Corps Article 86 cases, the share was 63%.
A punitive discharge is a bad-conduct or dishonorable discharge, and it is part of the court-martial sentence. A sentence without one does not rule out a later administrative separation, which these records do not show.
Many Sentences Carried No Confinement
All 30 cases ended in a conviction on at least one charge, and 20 sentences included confinement (67%). The median confinement was 3 months, about the same as the 4 months for all Navy and Marine Corps AWOL cases. A quarter of sentences were 1 year or longer.
The largest difference in the band table is in sentences with no confinement: 10 convictions (33%), compared with 13% across the service. Sentences under 6 months made up 40% here and 52% across the service. The 6 months to 1 year band had 13%, compared with 24%.
Sentences longer than one year were about as common as for all Article 86 cases: 4 of 30 convictions (13%), compared with 11%. These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.
| Adjudged confinement | Convictions | Share here | Share, all Navy and Marine Corps Article 86 cases |
|---|---|---|---|
| No confinement | 10 | 33% | 13% |
| Under 6 months | 12 | 40% | 52% |
| 6 months to 1 year | 4 | 13% | 24% |
| More than 1 year, under 5 years | 3 | 10% | 8% |
| 5 years or more | 1 | 3% | 3% |
Other Charges in These Cases
Article 86 was the only charge in 4 of the 30 cases. The other cases also included other charges: Article 112a (drug) in 7, Article 92 (orders violation) and Article 107 (false official statement) in 6 each, and Article 134 (general article) and Article 89 (disrespect) in 5 each.
No single other charge appeared in a large share of cases.
Most NCOs Pleaded Guilty
Only 19 of the 30 records list a plea. Of those, 14 were guilty pleas and 5 were contested, meaning the NCO pleaded not guilty to at least one charge, fully or through a mixed plea.
The contested share, 26%, is about the same as the 24% for all Navy and Marine Corps Article 86 cases. Navy and Marine Corps records before December 2020 often omit the plea.
Court Level
Only 5 of the 30 cases were general courts-martial, a 17% share, compared with 16% for all Navy and Marine Corps Article 86 cases. The rest were special courts-martial, which cap confinement at one year and cannot impose a dishonorable discharge.
A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. Any sentence longer than one year in these cases came from one of those 5 general courts-martial.
Cases by Year
The number of cases changed from year to year: 6 in 2017, 1 in 2018, 6 in 2019, 6 in 2020, 3 in 2021, 1 in 2022, 0 in 2023, 3 in 2024, and 4 in 2025. The records run from February 2017 to August 2025.
With only 30 cases, each case is a large part of every percentage here. Small changes from year to year show little on their own.
Installations
Camp Lejeune, North Carolina tried 7 of the cases, Jacksonville, Florida 4, and Camp Pendleton, California, Bremerton, Washington, and San Diego, California 3 each. Those five account for 67% of the cases. Larger installations try more cases of every kind.
This NCO group is more senior than all Navy and Marine Corps Article 86 accused. Junior enlisted members make up most AWOL cases. The NCO figures differ most from the service figures in discharges and sentences with no confinement. The contested share and court level are close to the service figures.
Rule Changes and Missing Information
The Military Justice Act of 2016 took effect on January 1, 2019, and new sentencing parameters apply when every guilty finding involves an offense after December 27, 2023. The records give trial dates, not offense dates, so they cannot show which rules applied to recent cases.
Absences handled through nonjudicial punishment or administrative separation are not included. The records do not describe the evidence, the plea terms, or the length of any absence.
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.
How We Counted
Navy and Marine Corps courts-martial tried 2017–2025 that charged NCOs (E-5 to E-9) under Article 86 (30 cases), compared with every Navy and Marine Corps Article 86 case.
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 86 (AWOL): Court-Martial Data and Trends (hub)
- Navy-Marine Corps Courts-Martial: Data and Trends (hub)
- What Happens to Army Junior Enlisted (E-1 to E-4) Facing AWOL Charges?
- NCOs (E-5 to E-9) Charged Under Article 86 in the Army
- What Happens to Air Force Junior Enlisted (E-1 to E-4) Facing AWOL Charges?
- Army Article 86 Cases by the Numbers, 2021–2025
- Air Force Article 86 Cases by the Numbers, 2016–2025
- Article 86 explained on the law firm's website
- 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.