Article 87 Sentences in the Navy-Marine Corps: Confinement and Discharges, 2017–2025

Trends › By Offense › Article 87 › Article 87 Sentences in the Navy-Marine

Based on 21 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Most Sentences Were Under 6 Months

Article 87 covers missing the movement of a ship, aircraft, or unit. Of the 21 convictions in Navy and Marine Corps records, 95% included confinement, but the sentences were short. The median confinement was 3 months, and a quarter of sentences were 4 months or longer.

Of the 21 convictions, 17 (81%) were in the under 6 months band, compared with 35% across all Navy and Marine Corps convictions. Only 2 were between 6 months and 1 year, 1 was more than one year but under 5 years, and 0 were 5 years or more. Only 1 conviction had no confinement.

These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Most Cases Were Special Courts-Martial

Special courts-martial heard 18 of the 21 cases and general courts-martial heard 3. The general share, 14%, is lower than the 41% across the service. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge, while a general court-martial can impose any lawful sentence.

Only 1 of 21 convictions (5%) carried more than one year, compared with 25% across the service. Almost every sentence here was within the special court-martial limit.

Discharge Outcomes for Enlisted Members

Of 20 convicted enlisted members, 10 received a punitive discharge: 9 bad-conduct discharges and 1 dishonorable discharge. Across all Navy and Marine Corps convictions, the share was 62%, so a punitive discharge was less common here.

The group includes 1 convicted officer or warrant officer, and 1 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, which the records do not show.

Other Absence Charges in the Same Cases

Of the 21 cases, 19 charged at least one other article. Article 86 (AWOL) appeared in 12, Article 112a (drug) in 9, Article 85 (desertion) in 8, Article 107 (false official statement) in 3, and Article 121a (fraudulent use of credit cards, debit cards, numbered since 2019) in 2.

Many of these cases also charged AWOL or desertion, so they involved more than one absence charge. Each sentence covers every finding, so those charges are part of the totals above. The records do not divide a sentence by charge.

Most Accused Pleaded Guilty

A plea is recorded in 18 of the 21 cases. Of those, 16 accused pleaded guilty and 2 contested at least one charge with a not-guilty or mixed plea. A contested case is one where the accused pleads not guilty to at least one charge. The contested share, 11%, is lower than the 24% across all Navy and Marine Corps convictions. Navy and Marine Corps records before December 2020 often omit the plea.

Almost All Junior Enlisted

Of the accused, 19 were junior enlisted (E-1 to E-4), 1 was an NCO (E-5 to E-9), and 1 was an officer or warrant officer. Across all Navy and Marine Corps convictions, junior enlisted were 65%, so this group is more junior.

Few Cases in Recent Years

The trials took place from March 2017 to December 2025. There were 3 in each of 2017, 2018, and 2019, 5 in 2020, 4 in 2021, and 2 in 2022. No cases appear for 2023 or 2024, and 1 appears in 2025. With counts this small, the records do not show a trend.

Legal Changes in the Period

The Military Justice Act of 2016 took effect on January 1, 2019. It set fixed panel sizes, created judge-alone special courts-martial capped at six months with no punitive discharge, and brought in written plea agreements. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses. For offenses after December 27, 2023, judges set sentences within new parameters. Offense dates are not in the records, so the single 2025 case could fall under either set of rules.

What the Records Do Not Show

These records give trial dates, not offense dates. They do not describe the movement that was missed, the evidence, or the plea terms. They do not include cases handled by nonjudicial punishment or administrative separation. Navy and Marine Corps records before December 2020 often omit the plea, so plea counts use only the records that list it.

Dates and sources for the law changes mentioned here: 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.