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Understanding Trends

Assault at Air Force Courts-Martial, 2017: The Year in Numbers

In 2017, 31 Air Force courts-martial charged Article 128 (assault). The median confinement for these convictions was 1 year, compared with 4 months for all Air Force cases that year.

Understanding Trends in Military Practice · 5 min read

Trends › By Offense › Article 128 › Air Force, 2017

Short answer: In 2017, 31 Air Force courts-martial charged Article 128 (assault). The median confinement for these convictions was 1 year, compared with 4 months for all Air Force cases that year. Punitive discharges followed 71% of enlisted convictions, compared with 51% service-wide, and 65% of the cases were tried at a general court-martial.

Based on 31 cases · 2017 · Air Force records · data updated October 24, 2026

Longer Confinement for Assault

Of 31 convictions, 24 included confinement (77%). The median term was 1 year, compared with 4 months across the Air Force.

These are adjudged sentences: the punishment announced at trial, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case. That matters here, because some assault cases also included much more serious charges, such as sexual assault and murder.

Other Charges in the Same Cases

Article 128 was the only charge in 15 of the 31 cases. The other cases included Article 134 (general article) in 10, Article 92 (orders violation) in 5, Article 120 (sexual assault) in 4, Article 112a (drug) in 2, and Article 118 (murder) in 1.

When assault is charged with a sexual assault, the assault charge often covers part of the same incident. The sentence then covers the whole case, not the assault alone.

Both Ends of the Range

Assault sentences ranged widely. Terms longer than one year were imposed in 12 of 31 convictions (39%), compared with 23% for all Air Force cases in 2017. Of those, 9 (29%) were between 1 and 5 years and 3 (10%) were 5 years or more.

At the same time, 7 convictions (23%) included no confinement, about the same as the 21% across the service. Another 10 (32%) were under 6 months, compared with 46%. Only 2 convictions (6%) were in the 6 months to 1 year band.

Adjudged confinementConvictionsShare hereShare, all Air Force cases in 2017
No confinement723%21%
Under 6 months1032%46%
6 months to 1 year26%11%
More than 1 year, under 5 years929%14%
5 years or more310%8%

Most Cases at the Higher 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. Of these cases, 20 were general courts-martial and 11 were special courts-martial, a general share of 65%.

Sentences differed by court level. The median confinement was 1.5 years at general courts-martial and 3 months at special courts-martial.

Only a general court-martial can adjudge more than one year of confinement. All 12 convictions with more than one year therefore came from the 20 general court-martial cases. In these records, court level is the largest difference in assault sentences.

Punitive Discharges and Dismissals

A punitive discharge, either bad-conduct or dishonorable, followed 71% of enlisted convictions: 14 bad-conduct and 6 dishonorable. Across all Air Force cases in 2017, the figure was 51%.

For officers, the equivalent is dismissal. The data lists 3 convicted officers or warrant officers, and 1 was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Only a general court-martial can impose a dishonorable discharge, as in these 6 cases.

Little Change From 2016

The number of cases increased from 23 in 2016 to 31 in 2017. The median confinement was 1 year in both years. Punitive discharges for enlisted members went from 67% to 71%. Convictions with confinement went from 87% to 77%, and the general court-martial share from 70% to 65%. In groups this small, a few cases can change these figures.

20162017
Cases2331
Contested (of pleas recorded)——
Convictions with confinement87%77%
Median confinement1 year1 year
Punitive discharge (enlisted)67%71%
General courts-martial70%65%

Forum, Rank, and Location

The accused usually chooses whether a military judge alone or a panel of members decides guilt. A military judge alone decided 18 of 31 cases with the forum listed (58%). Members heard 13: 11 officer panels and 2 enlisted panels. The records for 2017 rarely list a guilty plea, so the contested share is unknown.

By rank, the accused were 21 junior enlisted members, 7 NCOs, and 3 officers. That group is more junior than all Air Force cases in 2017.

No installation tried more than 2 of these cases. Aviano AB, Italy; Malmstrom AFB, Montana; Tinker AFB, Oklahoma; Buckley SFB, Colorado; and Davis-Monthan AFB, Arizona each tried 2. Together they account for 32% of the total.

Rules and Record Limits

These trials took place 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.

Air Force records rarely list the charges in a case that ends in full acquittal, so this page gives no acquittal rate for assault. The records also lack offense dates, the evidence, any description of injuries, and plea terms. They do not include assaults handled by nonjudicial punishment or administrative separation.

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 2017 that charged Article 128 (31 cases), compared with all Air Force cases that year and with 2016.

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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