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Understanding Trends

Assault at Air Force Courts-Martial, 2016: The Year in Numbers

In 2016, 23 Air Force courts-martial charged Article 128 (assault), and only 3 of them charged assault by itself. The median confinement was 1 year, compared with 4 months for all Air Force cases in 2016. 67% of convicted enlisted members received a punitive discharge, compared with 54%.

Understanding Trends in Military Practice · 5 min read

Trends › By Offense › Article 128 › Air Force, 2016

Short answer: In 2016, 23 Air Force courts-martial charged Article 128 (assault), and only 3 of them charged assault by itself. The median confinement was 1 year, compared with 4 months for all Air Force cases in 2016. 67% of convicted enlisted members received a punitive discharge, compared with 54%.

Based on 23 cases · 2016 · Air Force records · data updated October 24, 2026

Assault Was Usually One Charge Among Several

Article 128 was the only charge in 3 of the 23 cases. Article 134 (general article) was charged with it in 11 cases and Article 92 (orders violation) in 7. Article 112a (drug) and Article 120 (sexual assault) were each charged in 4, and Article 121 (larceny) in 3.

A court-martial gives one sentence for all charges in a case. The sentences below therefore include punishment for these other offenses, and the records cannot separate the part that relates to assault.

A Wide Range of Sentences

The sentences were spread across every band. 7 convictions (30%) were sentenced to under 6 months of confinement and 4 (17%) to 6 months to 1 year. 5 (22%) were sentenced to more than 1 year but under 5 years, and 4 (17%) to 5 years or more. 3 (13%) had no confinement.

9 of 23 convictions (39%) were sentenced to more than one year, compared with 20% of all Air Force cases in 2016. The share with 5 years or more was 17%, compared with 7% Air Force-wide.

Adjudged confinementConvictionsShare hereShare, all Air Force cases in 2016
No confinement313%15%
Under 6 months730%44%
6 months to 1 year417%20%
More than 1 year, under 5 years522%13%
5 years or more417%7%

Median Confinement of 1 Year

Confinement was part of 87% of the 23 sentences. Half of the terms were 1 year or less, and a quarter were 3 years or longer. Across all Air Force cases in 2016, the median was 4 months.

All of these are adjudged sentences, set at trial and counted before any plea-agreement cap, clemency, or appeal.

Punitive Discharges

14 of 21 convicted enlisted members (67%) received a bad-conduct or dishonorable discharge, compared with 54% across the Air Force. 6 of the 14 were dishonorable. Both convicted officers or warrant officers were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Court Level

16 of the 23 cases were general courts-martial (70%), and the rest were special courts-martial. Only a general court-martial can impose more than one year of confinement or a dishonorable discharge.

Who Decided Guilt?

A military judge alone decided 16 of the cases. Enlisted panels decided 5 and officer panels decided 2. Members heard 30% of the cases, lower than the 45% across all Air Force cases in 2016. The accused usually makes this choice.

Air Force records from 2016 to 2019 rarely list a guilty plea, so the contested share is not available for these cases.

Rank and Installations

Junior enlisted members (E-1 to E-4) were 61% of the accused, NCOs 30%, and officers 9%. Across all Air Force cases in 2016, junior enlisted members were 65%.

Mountain Home AFB, Idaho, Holloman AFB, New Mexico, and Malmstrom AFB, Montana, each tried 2 cases. Minot AFB, North Dakota, and Keesler AFB, Mississippi, each tried 1. These five account for 35% of the 23 cases. Larger installations try more cases of all kinds.

Before 2019, and Limits

These trials came before the Military Justice Act of 2016 took effect on January 1, 2019. Its fixed panel sizes, judge-alone special courts-martial, and written plea agreements did not apply.

The records do not give offense dates, the evidence, or plea agreements. Air Force records rarely list the charges in a full acquittal, so no acquittal rate is given. Cases handled by nonjudicial punishment or administrative separation are not included.

For what the offense covers and how it is defended, see Article 128 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

How We Counted

Air Force courts-martial with a trial date in 2016 that charged Article 128 (23 cases), compared with all Air Force cases that year and with 2015.

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.

Compare: federal court. Aggravated Assault: Federal Sentences vs. Air Force Courts-Martial, 2016–2025

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.

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