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# Air Force Courts-Martial Before and After the Military Justice Act of 2016
- URL: https://www.bodiesburied.com/trends/air-force-courts-martial-before-and-after-the-military-justice-act-of-2016/
- Published: 2026-10-30T05:31:08.000Z
- Updated: 2026-10-30T05:31:08.000Z
- Description: Air Force courts-martial from 2019 to 2023, after the Military Justice Act of 2016 took effect, had the same median confinement as 2016–2018 (4 months) and about the same punitive-discharge rate for enlisted members (56%, compared with 55%).
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Air Force

[Trends](https://www.bodiesburied.com/trends/) › [Law Changes](https://www.bodiesburied.com/trends/law-changes/) › Air Force Courts-Martial Before and Afte

**Short answer:** Air Force courts-martial from 2019 to 2023, after the Military Justice Act of 2016 took effect, had the same median confinement as 2016–2018 (4 months) and about the same punitive-discharge rate for enlisted members (56%, compared with 55%). More convictions included confinement, 88% compared with 82%, and Article 128 (assault) was charged more often, in 19% of cases compared with 11%.

Based on 1361 cases · 2019–2023 · Air Force records · data updated October 24, 2026

## What the Act Changed

The Military Justice Act of 2016 took effect on January 1, 2019\. It set fixed panel sizes, created judge-alone special courts-martial capped at six months of confinement with no punitive discharge, and brought in written plea agreements. Cases with offenses from before 2019 kept the old rules.

The records give trial dates, not offense dates. Trials just after the change therefore mix cases under the 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 Before and After

1030 cases from 2019 to 2023 ended in a conviction on at least one charge, and 910 of those sentences included confinement (88%). In 2016–2018 the share was 82%. The median confinement was 4 months in both periods.

Fewer convictions carried no confinement: 12%, compared with 18%. Sentences under 6 months were 50%, compared with 46%. Sentences from more than 1 year to under 5 years were 17%, compared with 13%, while sentences of 5 years or more were 6%, compared with 8%. Overall, 235 of 1030 convictions (23%) carried more than one year, compared with 21%.

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

| Adjudged confinement            | Convictions | Share here | Share, 2016–2018 |
| ------------------------------- | ----------- | ---------- | ---------------- |
| No confinement                  | 120         | 12%        | 18%              |
| Under 6 months                  | 517         | 50%        | 46%              |
| 6 months to 1 year              | 158         | 15%        | 14%              |
| More than 1 year, under 5 years | 172         | 17%        | 13%              |
| 5 years or more                 | 63          | 6%         | 8%               |

## Punitive Discharges

A punitive discharge followed 56% of enlisted convictions from 2019 to 2023: 342 bad-conduct and 202 dishonorable discharges. In 2016–2018 the share was 55%. 57 convicted officers or warrant officers appear, and 35 were dismissed.

A sentence without a punitive discharge does not rule out a later administrative separation, which these records do not track.

## Case Counts and Court Level

The 2016–2018 period had 991 cases, about 330 a year. The 2019–2023 period had 1361, about 272 a year: 346 in 2019, 257 in 2020, 267 in 2021, 266 in 2022, and 225 in 2023.

General courts-martial made up 53% of cases after the change, compared with 47% before. At the 728 general courts-martial, 92% of convictions brought confinement, with a median of 1.2 years. At the 633 special courts-martial, 85% did, with a median of 2 months. Only a general court-martial can adjudge more than one year of confinement.

|                               | 2016–2018 | 2019–2023 |
| ----------------------------- | --------- | --------- |
| Cases                         | 991       | 1361      |
| Contested (of pleas recorded) | —         | 50%       |
| Convictions with confinement  | 82%       | 88%       |
| Median confinement            | 4 months  | 4 months  |
| Punitive discharge (enlisted) | 55%       | 56%       |
| General courts-martial        | 47%       | 53%       |

## Charges Before and After

Shares use the 1020 cases whose records list charges, and a case can count under several articles. Article 112a (drug) was still the most common charge, in 41% of cases, compared with 48% in 2016–2018\. Article 128 (assault) was charged in 19%, compared with 11%. Article 134 (general article) was charged in 21%, compared with 25%.

Air Force records list charges mainly for convictions, so the charge table gives conviction counts and sentences, not conviction rates. Convictions under Article 112a had a median confinement of 3 months, under Article 92 4 months, under Article 128 6 months, and under Article 134 1.2 years.

| UCMJ Article                                                                                                                                       | Cases | Share here | Share, 2016–2018 |
| -------------------------------------------------------------------------------------------------------------------------------------------------- | ----- | ---------- | ---------------- |
| [Art. 112a](https://www.ucmj-defender.com/ucmj/article-112a-drug-offenses/?ref=bodiesburied.com) Wrongful use, possession of controlled substances | 415   | 41%        | 48%              |
| [Art. 134](https://www.ucmj-defender.com/practice-areas/court-martial/article-134/?ref=bodiesburied.com) General article                           | 212   | 21%        | 25%              |
| [Art. 128](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com) Assault                                   | 194   | 19%        | 11%              |
| [Art. 92](https://www.ucmj-defender.com/practice-areas/court-martial/article-92/?ref=bodiesburied.com) Failure to obey order or regulation         | 166   | 16%        | 16%              |
| [Art. 120](https://www.ucmj-defender.com/ucmj/article-120-sexual-assault/?ref=bodiesburied.com) Rape and sexual assault                            | 111   | 11%        | 9%               |
| [Art. 120b](https://www.ucmj-defender.com/practice-areas/court-martial/article-120b/?ref=bodiesburied.com) Rape and sexual assault of a child      | 68    | 7%         | 10%              |
| [Art. 107](https://www.ucmj-defender.com/practice-areas/court-martial/article-107/?ref=bodiesburied.com) False official statements                 | 58    | 6%         | 7%               |
| [Art. 86](https://www.ucmj-defender.com/practice-areas/court-martial/article-86/?ref=bodiesburied.com) AWOL                                        | 55    | 5%         | 4%               |

## Convictions and Sentences by Charge

413 of the 415 cases charging Article 112a include a conviction under it, as do 210 of 212 for Article 134, 187 of 194 for Article 128, and 161 of 166 for Article 92\. Cases charging Article 112a ended in a guilty plea 81% of the time (209 of 257), and cases charging Article 128 59% of the time (90 of 152).

| Article                                                     | Cases charging it | Convicted of it | Median confinement when convicted of it |
| ----------------------------------------------------------- | ----------------- | --------------- | --------------------------------------- |
| Art. 112a Wrongful use, possession of controlled substances | 415               | 413             | 3 months                                |
| Art. 134 General article                                    | 212               | 210             | 1.2 years                               |
| Art. 128 Assault                                            | 194               | 187             | 6 months                                |
| Art. 92 Failure to obey order or regulation                 | 166               | 161             | 4 months                                |

## Pleas, Verdicts, and Forum After 2019

984 of the 1361 records list the plea: 490 contested cases and 494 guilty pleas. A contested case has a not-guilty or mixed plea. Air Force records from 2016 to 2019 rarely list a guilty plea, and no contested share is given for 2016–2018.

Of 488 contested cases with a verdict, 250 ended in a full acquittal (51%) and 90 in a partial acquittal (18%). Air Force results give one verdict per case, so a partial acquittal shows only when an appeals opinion reports it.

Members heard 363 of the 490 contested cases (74%). In contested cases, members acquitted in full 54% of the time and military judges 42%. The accused chooses the forum in most cases, so the groups are not alike.

## Who Was Tried, and Where

Junior enlisted members (E-1 to E-4) made up 64% of the accused, NCOs 29%, and officers 7%. In 2016–2018, junior enlisted members were 63%. Nellis AFB, Nevada had the most cases (46), followed by Minot AFB, North Dakota (39), JB McGuire-Dix-Lakehurst, New Jersey (39), Ramstein AB, Germany (38), and Dyess AFB, Texas (36).

## Limits of 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.

Dates and sources for the law changes mentioned here: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Air Force courts-martial tried 2016–2018 (991) and 2019–2023 (1361).

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

- [Law Changes](https://www.bodiesburied.com/trends/law-changes/) (hub)
- [Air Force Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/air-force-courts-martial/) (hub)
- [Air Force Court-Martial Sentences Before and After the December 2023 Sentencing Changes](https://www.bodiesburied.com/trends/air-force-court-martial-sentences-before-and-after-the-2023-sentencing-reform/)
- [Army Court-Martial Sentences Before and After the December 2023 Sentencing Changes](https://www.bodiesburied.com/trends/army-court-martial-sentences-before-and-after-the-2023-sentencing-reform/)
- [Navy and Marine Corps Courts-Martial Before and After the Military Justice Act of 2016](https://www.bodiesburied.com/trends/navy-marine-corps-courts-martial-before-and-after-the-military-justice-act-of-2016/)
- [Navy-Marine Corps Court-Martial Sentences Before and After the December 2023 Sentencing Changes](https://www.bodiesburied.com/trends/navy-marine-corps-court-martial-sentences-before-and-after-the-2023-sentencing-reform/)
- [Air Force Sexual Assault Cases Before and After the Office of Special Trial Counsel](https://www.bodiesburied.com/trends/air-force-article-120-cases-before-and-after-the-office-of-special-trial-counsel/)
- [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.