Air Force Article 128 Cases in 2020
Across 32 Air Force Article 128 (assault) courts-martial in 2020, the median confinement was 5 months, compared with 4 months service-wide. Of convicted enlisted members, 50% received a punitive discharge, the same 50% as all Air Force cases.
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Trends › By Offense › Article 128 › Air Force, 2020
Short answer: Across 32 Air Force Article 128 (assault) courts-martial in 2020, the median confinement was 5 months, compared with 4 months service-wide. Of convicted enlisted members, 50% received a punitive discharge, the same 50% as all Air Force cases. Only 33% of cases with a plea recorded were contested, compared with 48%.
A Discharge Rate Equal to the Service Rate
In 2019, 70% of convicted enlisted members in assault cases received a punitive discharge. In 2020 the figure was 50%: 12 bad-conduct and 3 dishonorable discharges. That was the same as the 50% for all Air Force cases in 2020.
A punitive discharge is the bad-conduct or dishonorable discharge a court-martial adjudges for an enlisted member. For officers, the equivalent is dismissal. The data lists 2 convicted officers or warrant officers, and 2 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.
The change from 70% to 50% is based on a small group of convicted enlisted members. It shows a direction rather than a settled change.
Plea Data From 2020
Air Force records list pleas more often from 2020. Of the 32 assault cases, 30 records list a plea: 20 guilty pleas and 10 contested cases. A case is contested when the accused pleads not guilty to at least one charge. The contested share was 33%, lower than the 48% across the Air Force.
The contested share differed by court level: 50% at general courts-martial and 8% at special courts-martial.
A partial acquittal is a finding of not guilty on at least one charge or specification and guilty on another. 5 of the 10 contested cases ended in a partial acquittal (50%).
Panels Heard Most Contested Cases
The accused usually chooses whether a military judge alone or a panel of members decides guilt. A military judge alone decided 24 of 32 cases with the forum listed (75%). Members heard 8: 4 enlisted panels and 4 officer panels.
Of the 10 contested cases, members heard 8 (80%). Most judge-alone cases are guilty pleas, so the forum figures mostly follow how often cases were contested.
Confinement in 2020
Confinement was part of 88% of the 32 convictions. The median term was 5 months. These are adjudged sentences, the punishment set at trial before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.
Terms longer than one year were imposed in 7 of 32 convictions (22%), about as often as the 20% across the service. Of those, 6 were between 1 and 5 years and 1 was 5 years or more. Terms under 6 months made up 15 convictions (47%), compared with 60% service-wide. No confinement was imposed in 4 convictions (12%), compared with 7%.
| Adjudged confinement | Convictions | Share here | Share, all Air Force cases in 2020 |
|---|---|---|---|
| No confinement | 4 | 12% | 7% |
| Under 6 months | 15 | 47% | 60% |
| 6 months to 1 year | 6 | 19% | 13% |
| More than 1 year, under 5 years | 6 | 19% | 15% |
| 5 years or more | 1 | 3% | 5% |
Sentences by Court Level
A general court-martial can impose any lawful sentence, including a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. Of these cases, 19 were general courts-martial (59%, compared with 51% across the Air Force) and 13 were special courts-martial.
The median confinement was 10 months at general courts-martial and 3 months at special courts-martial.
The 2 court levels also differed in pleas. General court-martial cases were contested 50% of the time, and their median confinement was 10 months. Special court-martial cases were mostly guilty pleas, and their median was 3 months. Only the general court-martial cases could include the terms above one year shown in the band table.
Changes From 2019
The number of cases went from 40 to 32. The median confinement went from 6 months to 5 months. Convictions with confinement went from 90% to 88%, and the general court-martial share from 65% to 59%. In a group this small, a few cases can account for any of these changes.
| 2019 | 2020 | |
|---|---|---|
| Cases | 40 | 32 |
| Contested (of pleas recorded) | — | 33% |
| Convictions with confinement | 90% | 88% |
| Median confinement | 6 months | 5 months |
| Punitive discharge (enlisted) | 70% | 50% |
| General courts-martial | 65% | 59% |
Other Charges, Rank, and Bases
Article 128 was the only charge in 15 of 32 cases. The most common additional charges were Article 92 (orders violation) in 9, Article 112a (drug) in 5, Article 134 (general article) in 4, Article 109 (property damage) in 3, and Article 128b (domestic violence, numbered since 2019) in 2.
By rank, the accused were 23 junior enlisted members, 7 NCOs, and 2 officers. That group is more junior than all Air Force cases in 2020.
USAF Academy, Colorado tried 3 cases. Nellis AFB, Nevada; Davis-Monthan AFB, Arizona; Maxwell AFB, Alabama; and Holloman AFB, New Mexico tried 2 each. Together they account for 34% of the total. Larger installations try more cases of every kind.
What the Data Cannot Show
Air Force records rarely list the charges in a case ending in full acquittal. An acquittal rate for assault would therefore undercount, and it is not reported here. Trial dates appear, but offense dates do not. The records describe neither the evidence nor any plea terms. Assaults handled through 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 2020 that charged Article 128 (32 cases), compared with all Air Force cases that year and with 2019.
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.
Related Analysis
- Article 128 (Assault): Court-Martial Data and Trends (hub)
- By Year (hub)
- Assault at Air Force Courts-Martial, 2019: The Year in Numbers (previous / next)
- Air Force Article 128 Cases in 2021 (previous / next)
- Fewer or More? Assault Charges at Air Force Courts-Martial, 2016–2025 (the full trend)
- Air Force Article 128 Cases in 2018
- Air Force Article 128 Cases in 2025
- Assault at Air Force Courts-Martial, 2016: The Year in Numbers
- What Sentence Follows an Air Force Assault Conviction?
- Article 128 explained on the law firm's website
- Search every case in Military Trial Results (members)
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.