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# What Happens to Air Force Junior Enlisted (E-1 to E-4) Facing Domestic Violence Charges?
- URL: https://www.bodiesburied.com/trends/air-force-article-128b-junior-enlisted/
- Published: 2026-10-28T08:18:46.000Z
- Updated: 2026-10-30T08:13:31.000Z
- Description: The Air Force tried 65 courts-martial charging junior enlisted members (E-1 to E-4) with domestic violence under Article 128b (numbered since 2019) from 2019 through 2025.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128b, Air Force

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 128b](https://www.bodiesburied.com/trends/article-128b-courts-martial/) › Junior Enlisted (E-1 to E-4)

**Short answer:** The Air Force tried 65 courts-martial charging junior enlisted members (E-1 to E-4) with domestic violence under Article 128b (numbered since 2019) from 2019 through 2025\. Punitive discharges were more common here than across all Air Force Article 128b cases: 77% of convicted enlisted members, compared with 67%. The contested share was lower: 35%, compared with 42%.

Based on 65 cases · 2016–2025 · Air Force records · data updated October 24, 2026

## Most Convictions Included a Punitive Discharge

Of the convicted enlisted members in this group, 77% received a punitive discharge: 31 bad-conduct discharges and 15 dishonorable discharges. The figure for all Air Force Article 128b cases was 67%.

A punitive discharge is a bad-conduct or dishonorable discharge imposed as part of the court-martial sentence. Members whose sentence did not include one can still face administrative separation. Administrative separations are not in these records.

## Almost Every Conviction Included Confinement

There were 60 convictions, and 58 of them included confinement. Only 2 (3%) included none, the same 3% as across all Air Force Article 128b cases.

The median sentence was 10 months, about the same as the 9 months for all Air Force Article 128b cases. A quarter of the confinement terms were 2 years or longer. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and each one covers every charge in the case.

## Sentences by Band

The most common band was 6 months to 1 year, with 22 convictions (37%). That is higher than the 32% for all Air Force Article 128b cases. Terms under 6 months were less common here: 27%, compared with 32%.

Above one year, the shares were about the same as the comparison group. Sentences longer than one year were imposed in 20 of 60 convictions (33%), compared with 34%. Terms of more than 1 year but under 5 years made up 28% in both groups. Terms of 5 years or more made up 5% here, compared with 6%.

| Adjudged confinement            | Convictions | Share here | Share, all Air Force Article 128b cases |
| ------------------------------- | ----------- | ---------- | --------------------------------------- |
| No confinement                  | 2           | 3%         | 3%                                      |
| Under 6 months                  | 16          | 27%        | 32%                                     |
| 6 months to 1 year              | 22          | 37%        | 32%                                     |
| More than 1 year, under 5 years | 17          | 28%        | 28%                                     |
| 5 years or more                 | 3           | 5%         | 6%                                      |

## More Guilty Pleas Than Contested Cases

The plea appears in 60 of the 65 records. Of those, 39 accused pleaded guilty and 21 contested at least one charge, meaning they pleaded not guilty to at least one charge. The contested share was 35%, lower than the 42% for all Air Force Article 128b cases.

Most cases ended in a guilty plea, and a military judge alone decided guilt in 50 of 65 cases (77%). Members heard the other 15: 13 enlisted panels and 2 officer panels. Every case heard by members was contested. Members heard 15 of the 21 contested cases (71%).

## Sentences by Court Level

General courts-martial heard 38 of these cases and special courts-martial 27\. The general share was 58%, slightly lower than the 63% across all Air Force Article 128b cases. A general court-martial can adjudge any lawful punishment. A special court-martial is limited to one year of confinement and, at most, a bad-conduct discharge.

At general courts-martial, 97% of convictions included confinement, with a median of 1.5 years. At special courts-martial, 96% did, with a median of 5 months.

## More Cases in Later Years

Article 128b covers only offenses on or after January 1, 2019\. The first case here was tried in July 2019\. Earlier domestic violence was charged under other articles. There was 1 case in 2019, 6 in 2020, 6 in 2021, and 5 in 2022.

There were 15 cases in 2023, 13 in 2024, and 19 in 2025\. Since December 28, 2023, special trial counsel rather than commanders decide whether to prosecute covered offenses, and Article 128b is one of them. The records do not show whether that change is connected to the later counts. The new rules depend on the offense date, so trials from 2024 on include cases under both systems.

## Other Charges in the Same Case

In 42 of the 65 cases, at least one more article was charged. Article 92 (orders violation) was the most common additional charge, in 12 cases. Article 115 (malingering before 2019; communicating threats since) appeared in 11, Article 134 (general article) in 10, Article 128 (assault) in 9, and Article 120 (sexual assault) in 7.

## Installations and Rank

Minot AFB, North Dakota tried 6 of these cases and Offutt AFB, Nebraska tried 4\. Misawa AB, Japan; Shaw AFB, South Carolina; and Tinker AFB, Oklahoma tried 3 each. Together they account for 29% of the 65 cases. Larger bases try more cases of all types.

All 65 accused were junior enlisted members. This group is therefore more junior than all Air Force Article 128b cases.

## What the Records Do Not Show

Air Force records rarely list the charges in a case ending in full acquittal, so no acquittal rate appears here. Plea agreements, offense dates, and the evidence are also missing from the data. So are incidents resolved through nonjudicial punishment, administrative separation, or no action.

For what the offense covers and how it is defended, see [Article 128b on the law firm's website](https://www.ucmj-defender.com/ucmj/article-128b-domestic-violence/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Air Force courts-martial tried 2016–2025 that charged junior enlisted members (E-1 to E-4) under Article 128b (65 cases), compared with every Air Force Article 128b case.

Source: public court-martial records (Article 140a, UCMJ) in [Military Trial Results](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Article 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128b-courts-martial/) (hub)
- [Air Force Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/air-force-courts-martial/) (hub)
- [Junior Enlisted (E-1 to E-4) Charged Under Article 128b in the Army](https://www.bodiesburied.com/trends/army-article-128b-junior-enlisted/)
- [Army Domestic Violence Cases Against NCOs (E-5 to E-9): Outcomes and Sentences](https://www.bodiesburied.com/trends/army-article-128b-ncos/)
- [Army Domestic Violence Cases Against Officers: Outcomes and Sentences](https://www.bodiesburied.com/trends/army-article-128b-officers/)
- [Is Army Domestic Violence Prosecution Rising or Falling? Article 128b, 2021–2025](https://www.bodiesburied.com/trends/army-article-128b-trend-2021-2025/)
- [Air Force Article 128b Cases by the Numbers, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-128b-trend-2016-2025/)
- [Article 128b explained on the law firm's website](https://www.ucmj-defender.com/ucmj/article-128b-domestic-violence/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.