Army Cases Charging Both Article 107 and Article 120

Trends › By Offense › Article 107 › Army, with Article 120

Based on 35 cases · 2021–2026 · Army records · data updated October 24, 2026

Sentences Were Much Longer Than in Other Article 107 Cases

30 of the 35 cases ended in a conviction, and 23 of those sentences included confinement. The median confinement was 1.5 years. Across all Army Article 107 cases in 2021–2026, the median was 5 months. A quarter of the sentences in this group were 2.7 years or longer.

14 of 30 convictions (47%) carried more than one year of confinement, compared with 19% across Army Article 107 cases. Sentences of 5 years or more were 17% of convictions here and 7% in the wider group. Sentences under 6 months were 10% here and 41% in the wider group.

The figures are adjudged sentences. They reflect the trial result before any plea-agreement cap, clemency, or appeal, and each one covers every charge in the case, including Article 120.

Most Cases Were Contested

25 of the 35 cases were contested, meaning the accused pleaded not guilty to at least one charge. 10 were guilty pleas. The contested share was 71%, compared with 37% across Army Article 107 cases.

8 of the 10 guilty pleas are recorded with a plea agreement, and 2 have no entry. Army records state whether an agreement existed, not its terms.

Partial Acquittals Were the Most Common Result of a Contested Case

Of 25 contested cases that reached a verdict, 5 ended in a full acquittal (20%). That is close to the 18% in all Army Article 107 cases. 18 of the 25 ended in a partial acquittal, meaning not guilty of at least one charge or specification and guilty of another. Army results list findings charge by charge, so partial acquittals are common in Army records.

24 of these contested cases with a verdict also have the forum listed. Members acquitted in full in 3 of 14 contested cases (21%). Military judges sitting alone did so in 1 of 10 (10%). The accused usually chooses the forum, so the members cases and the judge-alone cases are not alike.

Who Decided Guilt?

Members heard 44% of the cases with the forum listed: 11 enlisted panels and 4 officer panels. The other 19 cases were tried by a military judge alone. Among contested cases, members heard 14 of 24 (58%).

Most judge-alone cases are guilty pleas. The split between judges and members therefore follows how many cases were contested.

Nearly All Were General Courts-Martial

32 of the 35 cases were general courts-martial, and 3 were special courts-martial. The general share was 91%, compared with 63% in Army Article 107 cases overall. Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge. A special court-martial is capped at one year.

Dishonorable Discharges Outnumbered Bad-Conduct Discharges

20 of 27 convicted enlisted members received a punitive discharge. 15 of the 20 were dishonorable discharges and 5 were bad-conduct discharges. Across Army Article 107 cases, the punitive discharge share was 60%.

3 convicted officers or warrant officers appear, and 2 were dismissed, the officer form of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Other Charges and Rank

Every case in this group charged Article 120 along with Article 107. Article 128, assault, appeared in 18 cases. Article 134, the general article, appeared in 11. Article 131b, obstruction, and Article 90, disobeying an officer, each appeared in 5.

Among the accused, 20 were junior enlisted members (E-1 to E-4), 11 were NCOs (E-5 to E-9), and 4 were officers or warrant officers. Across Army Article 107 cases, 42% were junior enlisted, so this group was more junior.

Years and Installations

The cases were tried from January 2021 through March 2026: 13 in 2021, 13 in 2022, 5 in 2023, 1 in 2024, 2 in 2025, and 1 in 2026, a partial year. Army records in this data are sparse before 2021.

Fort Campbell had the most cases (5), followed by Fort Bragg (4), Fort Bliss (3), Joint Base Lewis-McChord (3), and Fort Hood (2). Together these five installations account for 49% of the 35 cases. Larger installations try more cases of every kind.

Limits of These Records

The records give trial dates, not offense dates. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault. New sentencing parameters apply when every guilty finding is for an offense after December 27, 2023. Without offense dates, the records cannot show which rules applied to a case tried from 2024 on. The evidence, the plea terms, and cases handled by nonjudicial punishment or administrative separation are not included.

For what the offense covers and how it is defended, see Article 107 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Sexual Abuse of an Adult: Federal Sentences vs. Army Courts-Martial

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.