Air Force Article 128 Cases in 2018

Trends › By Offense › Article 128 › Air Force, 2018

Based on 29 cases · 2018 · Air Force records · data updated October 24, 2026

Lower Than in 2017

The largest change from the year before was in the median sentence. In 2017, the median confinement for an assault conviction was 1 year. In 2018 it was 5 months. Punitive discharges for enlisted members went from 71% to 55%, and the general court-martial share went from 65% to 55%.

The number of cases was about the same: 31 in 2017 and 29 in 2018. In groups this small, a few cases can change a median. The change shows direction, not a firm trend, and the records cannot show why it happened.

Most Sentences Were Short, a Few Very Long

Confinement was part of 83% of the 29 convictions. The median term was 5 months. Terms under 6 months made up 13 convictions (45%), about the same as the 48% across the Air Force. No confinement was imposed in 5 convictions (17%).

Long terms were more common. Terms longer than one year were imposed in 7 of 29 convictions (24%), compared with 20% service-wide. Terms of 5 years or more were imposed in 4 convictions (14%), compared with 8%. 1 of those terms was a life sentence.

What Adjudged Means

All of these figures are adjudged sentences, the punishment the court announced at trial. They come before any plea-agreement cap, clemency, or appeal, and each one covers every charge in the case.

That matters in a group like this one, where confinement ranges from none to life. The adjudged sentence is the maximum set in court. The time actually served could be shorter, and the records do not show it.

Assault Was Usually Charged With Other Offenses

In 21 of the 29 cases, at least one other article was charged. Article 134 (general article) appeared in 12, Article 92 (orders violation) and Article 120 (sexual assault) in 6 each, Article 112a (drug) in 2, and Article 107 (false official statement) in 1.

When an assault charge is filed with a sexual assault charge, it often describes part of the same incident. The sentence then covers the whole case. The 2018 assault cases included both very short terms and a life sentence.

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. Of these cases, 16 were general courts-martial and 13 were special courts-martial. The general share was 55%, compared with 50% across the Air Force.

The median confinement was 1.5 years at general courts-martial and 2 months at special courts-martial.

Discharges

Of 29 convicted enlisted members, 16 received a punitive discharge (55%): 10 bad-conduct and 6 dishonorable. Across all Air Force cases in 2018, the rate was 58%. Assault convictions included a punitive discharge at about the same rate as the service as a whole. In 2017, the rate for assault was higher than the service rate.

No officers appear among these accused. A sentence without a punitive discharge does not rule out a later administrative separation, which happens outside the court-martial and is not in these records.

Who Decided, Who Was Charged, and Where

The accused usually chooses whether a military judge alone or a panel of members decides guilt. A military judge alone decided 18 cases. Members heard 36% of cases with the forum listed: 6 enlisted panels and 4 officer panels. The records for 2018 rarely list a guilty plea, so the contested share is not available.

By rank, the accused were 17 junior enlisted members and 12 NCOs. That group is more senior than all Air Force cases in 2018.

FE Warren AFB, Wyoming and JBSA - Lackland, Texas each tried 3 cases. RAF Mildenhall, United Kingdom; Tinker AFB, Oklahoma; and Davis-Monthan AFB, Arizona tried 2 each. Together they account for 41% of the total. Larger installations try more cases of all kinds.

Trials Before the 2019 Changes, and Missing Details

These trials took place before January 1, 2019, when the Military Justice Act of 2016 took effect. That law introduced fixed panel sizes, judge-alone special courts-martial, and written plea agreements.

Air Force records rarely list the charges in a case ending in full acquittal, so no acquittal rate appears here. Offense dates, the evidence, injuries, and plea terms are not in the records. Assaults 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.

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.