How Often Are Contested Navy-Marine Corps Article 92 Cases Acquitted?

Trends › By Offense › Article 92 › How Often Are Contested Navy-Marine Corp

Based on 145 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Most Cases Were Special Courts-Martial

Article 92 covers violating a lawful general order or regulation, failing to obey another lawful order, and dereliction of duty. Of 145 contested Navy and Marine Corps cases that included it, 102 were special courts-martial and 43 were general courts-martial. General courts-martial, the level that can impose long confinement and a dishonorable discharge, were only 30% of these cases.

Sentences differed by court level. At general courts-martial, 66% of convictions included confinement, and the median was 1.1 years. At special courts-martial, 48% did, and the median was 2 months. A special court-martial can impose no more than 1 year of confinement and cannot impose a dishonorable discharge.

Full Acquittals Were Uncommon

Every case here was contested: the accused pleaded not guilty to at least one charge. There were 0 guilty pleas. 17% of the 145 cases ended in a full acquittal, lower than the 31% across all contested Navy and Marine Corps cases.

Another 46 ended in a partial acquittal: not guilty of at least one charge or specification, and guilty of another. The partial acquittals and the cases with convictions on every charge add up to 120 convictions.

Many Convictions Had No Confinement

Confinement was part of 53% of the 120 convictions. The median confinement was 4 months, compared with 7 months for contested Navy and Marine Corps cases.

The band table shows more light sentences than in the comparison group. 47% of convictions had no confinement, compared with 34% in the comparison group, and another 33% carried under 6 months. Sentences longer than 1 year were in 13 of 120 convictions (11%), compared with 24%. Only 5 (4%) were 5 years or more. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Fewer Punitive Discharges

A punitive discharge followed 39% of enlisted convictions, lower than the 50% across contested Navy and Marine Corps cases. There were 31 bad-conduct discharges and 10 dishonorable discharges.

Of officers or warrant officers, 2 were convicted and 1 was dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence with no punitive discharge does not rule out a later administrative separation.

Other Charges in the Same Cases

In 108 of the 145 cases, Article 92 was charged with at least one other article. The most common other charges were Article 128 (assault) in 30 cases, Article 134 (general article) and Article 112a (drug) in 18 each, Article 107 (false official statement) in 17, and Article 131b (obstruction, numbered since 2019) in 14.

An adjudged sentence covers every charge in a case, so the longer terms in this group describe whole cases. The records cannot separate the punishment for the orders charge.

Rank and Installation

Among the accused with rank recorded, 61 were junior enlisted members, 66 were NCOs, and 3 were officers. This is similar to contested Navy and Marine Corps cases overall.

Camp Lejeune, North Carolina tried the most cases, 24. Camp Pendleton, California tried 15, San Diego, California 13, Norfolk, Virginia 12, and Marine Corps Base Hawaii, Kaneohe Bay 8. These 5 locations account for 50% of the 145 cases. Large installations try more cases of every kind.

Few Records Before 2021

From 2017 through 2020, the yearly counts were 2, 1, 3, and 3. There were 33 cases in 2021, 24 in 2022, 19 in 2023, 26 in 2024, and 34 in 2025.

Navy and Marine Corps records before December 2020 often omit the plea, and contested counts here use only the records that list it. The early counts therefore cover only part of the trials held. The records cannot explain the changes after 2021.

Rule Changes and What Is Missing

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. For offenses after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records give trial dates but not offense dates, so trials from 2024 on include cases under both sets of rules.

Orders violations handled through nonjudicial punishment, administrative separation, or no action are not in these records. The records do not describe the order, the evidence, or plea terms.

For what the offense covers and how it is defended, see Article 92 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.