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# Air Force Domestic Violence Cases Against NCOs (E-5 to E-9): Outcomes and Sentences
- URL: https://www.bodiesburied.com/trends/air-force-article-128b-ncos/
- Published: 2026-10-28T08:18:47.000Z
- Updated: 2026-10-30T08:13:32.000Z
- Description: From 2020 through 2025, 39 Air Force courts-martial charged NCOs (E-5 to E-9) with domestic violence under Article 128b (numbered since 2019). Compared with all Air Force Article 128b cases, sentences for NCOs were shorter and less often included a discharge.
- 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/) › NCOs (E-5 to E-9)

**Short answer:** From 2020 through 2025, 39 Air Force courts-martial charged NCOs (E-5 to E-9) with domestic violence under Article 128b (numbered since 2019). Compared with all Air Force Article 128b cases, sentences for NCOs were shorter and less often included a discharge. Of convicted enlisted members, 48% received a punitive discharge, compared with 67%, and the median confinement was 6 months, compared with 9 months.

Based on 39 cases · 2016–2025 · Air Force records · data updated October 24, 2026

## Shorter Terms Than the Service Overall

The 39 cases resulted in 31 convictions, and confinement was part of 97% of them. The median term was 6 months. Across all Air Force Article 128b cases, the median was 9 months.

A quarter of the terms with confinement were 1.2 years or more. All of these figures are adjudged sentences, the punishment announced at trial before clemency, appeal, or any cap in a plea agreement. Each covers every charge in the case.

## Fewer Sentences Over One Year

Only 8 of 31 convictions (26%) included more than one year of confinement, lower than the 34% for all Air Force Article 128b cases. The largest difference was in the shortest band: 13 convictions (42%) were under 6 months, compared with 32% across the service.

Terms of more than 1 year but under 5 years made up 19% here, compared with 28%. The share at 5 years or more was 6% in both groups. 1 conviction (3%) included no confinement.

| Adjudged confinement            | Convictions | Share here | Share, all Air Force Article 128b cases |
| ------------------------------- | ----------- | ---------- | --------------------------------------- |
| No confinement                  | 1           | 3%         | 3%                                      |
| Under 6 months                  | 13          | 42%        | 32%                                     |
| 6 months to 1 year              | 9           | 29%        | 32%                                     |
| More than 1 year, under 5 years | 6           | 19%        | 28%                                     |
| 5 years or more                 | 2           | 6%         | 6%                                      |

## Fewer Punitive Discharges

Of the 31 convicted enlisted members, 15 received a bad-conduct or dishonorable discharge (48%). Across all Air Force Article 128b cases, 67% did. Of the 15 discharges here, 6 were dishonorable. Only a general court-martial can adjudge a dishonorable discharge.

A sentence without a punitive discharge does not settle a member's future in the service. Administrative separation is still possible, and these court records do not cover it.

## Contested at a Higher Rate

Records for 34 of the 39 cases list the plea: 18 accused pleaded guilty and 16 contested at least one charge. A case is contested when the accused pleads not guilty to any charge, either to all charges or through a mixed plea. That is 47% contested, higher than the 42% for all Air Force Article 128b cases.

The forum figures follow the plea figures. A military judge alone decided 27 of the 39 cases (69%). Members heard 12: 9 enlisted panels and 3 officer panels. Among contested cases, members heard 12 of 16 (75%). In most cases the accused chooses whether a military judge or a panel decides guilt.

## General Versus Special Courts-Martial

General courts-martial heard 24 cases and special courts-martial 15\. The general share was 62%, about the same as the 63% service-wide. The 2 levels differed in both sentences and pleas. General courts-martial had a median confinement of 11 months, and 55% were contested. Special courts-martial had a median of 3 months, and 36% were contested.

A special court-martial cannot adjudge more than one year of confinement or a dishonorable discharge. Since 2019, a special court-martial can also be tried by a military judge alone, with a cap of six months and no punitive discharge.

## Other Charges in the Same Cases

In 23 of the 39 cases, at least one article besides Article 128b was charged. Article 115 (malingering before 2019; communicating threats since) was the most common, in 9 cases. Article 128 (assault) appeared in 8 and Article 120 (sexual assault) in 5\. Article 134 (general article) and Article 92 (orders violation) each appeared in 4.

## Counts by Year and Base

Article 128b applies to offenses on or after January 1, 2019\. The first NCO case here was tried in March 2020\. There were 2 cases in 2020, 4 in 2021, 3 in 2022, and 7 in 2023\. There were 12 in 2024 and 11 in 2025.

Domestic violence has been a covered offense since December 28, 2023\. Since then, special trial counsel rather than commanders decide whether to prosecute it. The data cannot show whether that change is related to the later counts. The rule depends on offense dates, so trials from 2024 on include cases under both systems.

No installation tried more than 2 of these cases. Ramstein AB, Germany; Misawa AB, Japan; Cannon AFB, New Mexico; JB Anacostia-Bolling, Washington DC; and JB Langley-Eustis, Virginia each tried 2\. Together they account for 26% of the total.

All 39 accused were NCOs. This group is therefore more senior than all Air Force Article 128b cases, which also include junior enlisted members.

## What the Records Do Not Show

Air Force records rarely list the charges in a full acquittal, so no acquittal rate for Article 128b is given. The records also do not include offense dates, evidence, or plea agreements. They do not include incidents resolved by 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 NCOs (E-5 to E-9) under Article 128b (39 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.