Navy-Marine Corps Article 86 Cases by the Numbers, 2017–2025

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

Based on 192 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Mostly Guilty Pleas

Most absence cases were not contested. Only 119 of the 192 records list a plea, and among those, 91 were guilty pleas and 28 were contested, meaning the accused pleaded not guilty to at least one charge. The contested share, 24%, is lower than the 32% across the rest of the Navy and Marine Corps.

Few contested cases ended in a full acquittal. Only 2 of the 28 contested cases that reached a verdict ended in a full acquittal, a 7% rate, compared with 31% across the service. Another 8 ended in a partial acquittal, meaning not guilty of at least one charge or specification but guilty of another.

Mostly Special Courts-Martial

Of the 192 cases, 161 were special courts-martial and 31 were general courts-martial. The general share, 16%, compares with 43% across the Navy and Marine Corps. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge; a general court-martial can impose any lawful sentence.

At special courts-martial, 86% of convictions brought confinement, with a median of 3 months. At general courts-martial, 94% did, with a median of 1.5 years.

How Long Was Confinement?

Of 190 convictions, 166 included confinement (87%). The median confinement was 4 months, shorter than the 6 months across the Navy and Marine Corps. A quarter of the sentences were 8 months or longer.

Sentences under 6 months made up 52% of convictions, compared with 35% across the service. Sentences longer than one year followed 21 of 190 convictions (11%), compared with 25%. These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

Other Charges in These Cases

Article 86 was the only charge in 36 of the 192 cases. Drug charges under Article 112a appeared in 76 cases, and orders violations under Article 92 in 46. Assault under Article 128 appeared in 25, and false official statements under Article 107 and larceny under Article 121 in 24 each.

Sentences cover every charge, so those other offenses are part of the confinement and discharge figures.

A Smaller Share of Convictions

In 2017–2019, Article 86 was part of 87 of 1243 Navy and Marine Corps convictions with listed offenses (7%). In 2023–2025, it was part of 42 of 940 (4%), a smaller share.

The yearly share was highest in 2017, at 9%, and was 4% in 2024 and 2025. Case counts were also lower: 38 in 2017 and 15 in 2025. Shares make years with more or fewer total cases comparable.

Discharges at About the Service Rate

Among 179 convicted enlisted members, 112 received a bad-conduct or dishonorable discharge (63%), about the same as the 62% across the Navy and Marine Corps. Only 9 of those were dishonorable.

The records include 3 convicted officers or warrant officers, and none was dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Mostly Junior Enlisted Members

By rank, the accused were 151 junior enlisted members, 30 NCOs, and 3 officers. This group was more junior than all Navy and Marine Corps cases. Most of the sentences on this page were for junior enlisted members.

Installations With the Most Cases

Camp Pendleton, California (47), Camp Lejeune, North Carolina (30), Norfolk, Virginia (18), San Diego, California (17), and Bremerton, Washington (16) tried the most cases. Together they account for 67% of the cases. Larger installations try more cases of every kind, so a high count alone does not show a problem at a base.

Law Changes and Record Gaps

The Military Justice Act of 2016 took effect on January 1, 2019. It 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 sentence under new parameters when every guilty finding is for an offense after December 27, 2023. The records do not give offense dates, so trials from 2024 on include cases under both the old and the new rules.

Navy and Marine Corps records before December 2020 often omit the plea. The evidence, plea terms, nonjudicial punishment, and administrative separations are not in these records.

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.