How San Diego, California Handled Attempt Cases (Article 80), 2019–2023

Trends › By Installation › San Diego, California › Article 80, 2019–2023

Based on 22 cases · 2019–2023 · Navy and Marine Corps records · data updated October 24, 2026

Fewer Long Sentences Than the Service

Attempt cases at San Diego had shorter sentences than attempt cases elsewhere in the Navy and Marine Corps. All 22 cases ended in a conviction, and confinement was part of 82% of them. The median confinement was 1 year. Across Navy and Marine Corps Article 80 cases overall, the median was 1.2 years.

Sentences longer than one year were 6 of 22 convictions (27%), compared with 51% in the rest of the service. A quarter of the San Diego confinement sentences were 3 years or longer. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal.

Sentence Lengths

The most common sentence length in the table is 6 months to 1 year, with 8 convictions (36%), compared with 25% elsewhere. Confinement of more than 1 year but under 5 years was only 4 convictions (18%), compared with 38%.

4 convictions had no confinement, an 18% share compared with 9%. At the top, 2 convictions (9%) carried 5 years or more, compared with 13%. Each sentence covers every charge in the case, not only the attempt.

Sentences by Court Level

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. San Diego tried 11 of these cases at general courts-martial and 11 at special courts-martial.

That 50% general share compares with 76% across Navy and Marine Corps Article 80 cases. At general courts-martial, 91% of convictions included confinement, with a median of 2.5 years. At special courts-martial, 73% did, with a median of 7 months. Since 2019, a special court-martial can also be tried by a military judge alone, with confinement capped at six months and no punitive discharge.

Most of the Accused Pleaded Guilty

A case is contested when the accused pleads not guilty to at least one charge, with a full not-guilty plea or a mixed plea. At San Diego, 18 accused pleaded guilty and 4 contested. The contested share was 18%. In the rest of the Navy and Marine Corps, 30% of Article 80 cases were contested. Every case, including the 4 contested cases, ended in a conviction on at least one charge.

Navy and Marine Corps records before December 2020 often omit the plea and forum. These counts use only the records that list them.

Punitive Discharges After Conviction

For enlisted members, a punitive discharge is a bad-conduct or dishonorable discharge. Of 21 convicted enlisted members, 14 received one (67%). Of those, 5 were dishonorable discharges. Across Navy and Marine Corps Article 80 cases overall, the rate was 82%.

The group includes 1 convicted officer or warrant officer, who 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.

Other Charges in Attempt Cases

Most attempt cases charged another offense too: 18 of the 22 cases charged at least one other article. Article 128 (assault) was the most common, in 5 cases.

Article 134 (general article), Article 86 (AWOL), and Article 121 (larceny) were charged in 4 each, and Article 120 (sexual assault) in 3. The records do not say what offense was attempted in each case. A sentence covers every charge, so the confinement figures above describe the whole case, not the attempt alone.

Rank of the Accused

The accused were 10 junior enlisted members (E-1 to E-4), 11 NCOs (E-5 to E-9), and 1 officer or warrant officer. Across Navy and Marine Corps Article 80 cases, 57% of the accused were junior enlisted. This group was more senior.

Cases by Year

The records show 22 cases between March 2019 and December 2023: 7 in 2019, 4 in 2020, 7 in 2021, 0 in 2022, and 4 in 2023. Article 80 cases were 13% of the 173 courts-martial at San Diego, California in those years. There were 0 Article 80 cases in 2022. In a group this small, the yearly count can change a great deal from one year to the next.

What the Records Cannot Show

The records give trial dates, not offense dates. They do not show the evidence or plea terms. Cases resolved through nonjudicial punishment or administrative separation are not included.

For what the offense covers and how it is defended, see Article 80 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.