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Air Force Court-Martial Sentences Before and After the December 2023 Sentencing Changes

Air Force sentences from 2024 to 2026 were close to those from 2021–2023. The median confinement was 6 months, compared with 5 months, and 27% of convictions carried more than one year, compared with 25%.

Understanding Trends in Military Practice · 6 min read

Trends › Law Changes › Air Force Court-Martial Sentences Before

Short answer: Air Force sentences from 2024 to 2026 were close to those from 2021–2023. The median confinement was 6 months, compared with 5 months, and 27% of convictions carried more than one year, compared with 25%. Sentences of 5 years or more were 8% of convictions, compared with 5%, and 62% of convicted enlisted members received a punitive discharge, compared with 58%.

Based on 598 cases · 2024–2026 · Air Force records · data updated October 24, 2026

The December 2023 Rule Changes

For offenses committed after December 27, 2023, the military judge sets the sentence within new sentencing parameters when every guilty finding in a case is for an offense after that date. Since December 28, 2023, special trial counsel, not commanders, also decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder.

Both rules turn on the offense date. The records give trial dates, not offense dates, so trials from 2024 on mix cases under old and new rules. A change in the numbers in the same period as a law change does not show that the law caused it.

Confinement Bands Before and After

Of 473 convictions from 2024 to 2026, 403 included confinement. The median was 6 months, compared with 5 months in 2021–2023. A quarter of the sentences with confinement were 1.8 years or longer.

Sentences under 6 months were 42% of convictions, compared with 47% before. No confinement was 15%, compared with 12%. Sentences from more than 1 year to under 5 years were 19%, compared with 20%. Sentences of 5 years or more were 8%, compared with 5%.

These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each one covers every charge in the case.

Adjudged confinementConvictionsShare hereShare, 2021–2023
No confinement7015%12%
Under 6 months19842%47%
6 months to 1 year7516%16%
More than 1 year, under 5 years9019%20%
5 years or more408%5%

Court Level and Discharges

Only a general court-martial can adjudge more than one year of confinement; a special court-martial is capped at one year. The 334 general courts-martial from 2024 to 2026 had a median confinement of 1.5 years. The 264 special courts-martial had a median of 2 months.

The general share of cases was 56%, the same as in 2021–2023. 51% of general courts-martial were contested, compared with 33% of special courts-martial.

269 of 435 convicted enlisted members received a punitive discharge: 154 bad-conduct and 115 dishonorable. The share was 62%, compared with 58% in 2021–2023. 38 convicted officers or warrant officers appear, and 23 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

The Overall Comparison

The 2021–2023 period had 758 cases, about 253 a year. The 2024–2026 period has 598 so far, about 222 a year counting full years only: 225 in 2024, 218 in 2025, and 155 in 2026, a partial year.

The share of convictions that included confinement was 85%, compared with 88% before. Small groups change with a few cases either way, so these comparisons show direction more than exact size.

2021–20232024–2026
Cases758598
Contested (of pleas recorded)50%43%
Full acquittals (decided contested)188 of 38194 of 207
Convictions with confinement88%85%
Median confinement5 months6 months
Punitive discharge (enlisted)58%62%
General courts-martial56%56%

Domestic Violence Was Charged More Often

572 of the 598 records list the charges. Article 128b (domestic violence) was charged in 15% of cases, compared with 7% in 2021–2023. Article 121 (larceny) was charged in 8%, compared with 3%. Article 112a (drug) was charged less often, 20% compared with 32%, and Article 128 (assault) 13% compared with 22%.

Air Force records list charges mainly for convictions, so the charge table gives conviction counts and sentences, not conviction rates. The median confinement was 1.5 years for a conviction under Article 134, 1 year under Article 128b, 4 months under Article 92, and 2 months under Article 112a.

UCMJ ArticleCasesShare hereShare, 2021–2023
Art. 134 General article13624%20%
Art. 112a Wrongful use, possession of controlled substances11320%32%
Art. 92 Failure to obey order or regulation9216%18%
Art. 128b Domestic violence8315%7%
Art. 120 Rape and sexual assault7713%14%
Art. 128 Assault7313%22%
Art. 120b Rape and sexual assault of a child499%6%
Art. 121 Larceny468%3%

Charge-by-Charge Sentences

120 of the 136 cases charging Article 134 include a conviction under it, as do 92 of 113 under Article 112a, 84 of 92 under Article 92, and 62 of 83 under Article 128b. Cases charging Article 134 ended in a guilty plea 75% of the time (87 of 116), and cases charging Article 128b 50% of the time (35 of 70).

ArticleCases charging itConvicted of itMedian confinement when convicted of it
Art. 134 General article1361201.5 years
Art. 112a Wrongful use, possession of controlled substances113922 months
Art. 92 Failure to obey order or regulation92844 months
Art. 128b Domestic violence83621 year

Pleas, Verdicts, and Forum

482 of the 598 records list the plea: 207 contested cases and 275 guilty pleas. A contested case has a not-guilty or mixed plea. Contested cases made up 43%, compared with 50% in 2021–2023.

Full acquittals came in 45% of the 207 decided contested cases, compared with 49% before. In contested cases, members acquitted in full 44% of the time and military judges 52%. The accused chooses the forum in most cases, so these groups are not alike. Members heard 167 of the 207 contested cases (81%).

Who Was Tried

Junior enlisted members (E-1 to E-4) made up 58% of the accused, NCOs 35%, and officers 8%. In 2021–2023, junior enlisted members were 62%. McConnell AFB, Kansas had the most cases (21), followed by Ramstein AB, Germany (20).

What Is Not in the Records

The records do not show the evidence, the plea terms, or conduct handled outside a court-martial. Air Force records rarely list the charges in a full acquittal and never report plea agreements, so the sentencing caps in any plea agreement are unknown.

Dates and sources for the law changes mentioned here: UCMJ change timeline.

How We Counted

Air Force courts-martial tried 2021–2023 (758) and 2024–2026 (598).

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.

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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