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# Army Courts-Martial With Article 107 and Article 128, 2021–2026
- URL: https://www.bodiesburied.com/trends/army-article-107-and-article-128-charged-together/
- Published: 2026-10-30T05:27:33.000Z
- Updated: 2026-11-03T01:46:02.000Z
- Description: 38 Army courts-martial from 2021–2026 charged both a false official statement under Article 107 and assault under Article 128. 74% of convicted enlisted members received a punitive discharge, compared with 60% in all Army Article 107 cases.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 107, Article 128, Army

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 107](https://www.bodiesburied.com/trends/article-107-courts-martial/) › Army, with Article 128

**Short answer:** 38 Army courts-martial from 2021–2026 charged both a false official statement under Article 107 and assault under Article 128\. 74% of convicted enlisted members received a punitive discharge, compared with 60% in all Army Article 107 cases. The median confinement was 11 months, compared with 5 months across Army Article 107 cases.

Based on 38 cases · 2021–2026 · Army records · data updated October 24, 2026

## Punitive Discharges After Conviction

31 enlisted members in this group were convicted. 23 of them received a punitive discharge (74%): 14 bad-conduct discharges and 9 dishonorable discharges. In all Army Article 107 cases from the same years, the share was 60%.

3 convicted officers or warrant officers appear, and 2 were dismissed. For officers, dismissal takes the place of a punitive discharge. When a sentence includes no punitive discharge, the member can still be separated administratively later.

## Confinement Was Longer Than in Other Article 107 Cases

Of 34 convictions, 82% included confinement. The median term was 11 months, compared with 5 months in Army Article 107 cases overall. A quarter of the sentences were 2.7 years or longer.

12 of 34 convictions (35%) carried more than one year, compared with 19% in all Army Article 107 cases. Sentences of 5 years or more were 15% here and 7% in the wider group. Sentences under 6 months were 24% here and 41% in the wider group. No confinement was 18% here and 27% there.

Every figure is the sentence adjudged at trial. Plea-agreement caps, clemency, and appeals can change a sentence later, and they are not reflected. Each sentence also covers every charge in the case, not only Article 107 and Article 128.

| Adjudged confinement            | Convictions | Share here | Share, Army Article 107 cases overall |
| ------------------------------- | ----------- | ---------- | ------------------------------------- |
| No confinement                  | 6           | 18%        | 27%                                   |
| Under 6 months                  | 8           | 24%        | 41%                                   |
| 6 months to 1 year              | 8           | 24%        | 13%                                   |
| More than 1 year, under 5 years | 7           | 21%        | 12%                                   |
| 5 years or more                 | 5           | 15%        | 7%                                    |

## Contested and Guilty-Plea Cases

19 cases ended in a guilty plea and 19 were contested. A case is contested when the accused pleads not guilty to at least one charge. The contested share was 50%, compared with 37% in all Army Article 107 cases.

17 of the 19 guilty pleas are recorded with a plea agreement, and 2 have no entry. Army records show whether an agreement existed but not its terms.

## Verdicts in the 19 Contested Cases

4 of the 19 contested cases that reached a verdict ended in a full acquittal (21%). That is higher than the 18% across Army Article 107 cases.

The other 15 contested cases ended in a partial acquittal: not guilty of at least one charge or specification, but guilty of another. Army results list findings charge by charge, so partial acquittals are common in Army records.

## Forum and Court Level

The forum is listed for 37 cases. A military judge alone decided guilt in 27 of them (73%). Members heard 10: 9 enlisted panels and 1 officer panel. Among contested cases, members heard 9 of 18 (50%). The accused usually chooses the forum, and most judge-alone cases are guilty pleas.

32 cases were general courts-martial and 5 were special courts-martial. The court level is not listed for 1 case. The general share was 86%, compared with 63% in all Army Article 107 cases in 2021–2026\. A general court-martial is the only level that can adjudge more than one year of confinement or a dishonorable discharge.

## What Else Was Charged

Article 128 appeared in all 38 cases, since this group is defined by that pairing. Article 120, sexual assault, appeared in 18 cases. Article 134, the general article, appeared in 14\. Article 90, disobeying an officer, appeared in 7, and Article 115, communicating threats, in 6.

These other charges also count toward each sentence, since a sentence covers every charge in the case.

## Rank of the Accused

The accused were 22 junior enlisted members, 12 NCOs, and 4 officers. This group was more junior than the accused in Army Article 107 cases overall.

## Where and When the Cases Were Tried

Fort Campbell had the most of these cases (7). Fort Bliss had 5, Joint Base Lewis-McChord had 3, and Fort Bragg and Fort Stewart had 2 each. Together these five installations account for 50% of the 38 cases. Larger installations try more cases of every kind, so a count alone says little about one base.

The cases were tried from January 2021 through June 2026\. There were 16 in 2021, 11 in 2022, 4 in 2023, 1 in 2024, 3 in 2025, and 3 in 2026, a partial year. Army records in this data are sparse before 2021.

## Limits of the Data

The records give the trial date but not the offense date. That matters for the rules in force: since December 28, 2023, special trial counsel decide whether to prosecute covered offenses, and new sentencing parameters apply when every guilty finding is for an offense after December 27, 2023\. The records also do not describe the evidence or plea terms, and they do not include nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see [Article 107 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-107/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial with trial dates in 2021–2026 that charged both Article 107 and Article 128 (38 cases), compared with all 184 Army Article 107 cases in those years.

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 107 (False Official Statements): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-107-courts-martial/) (hub)
- [Article 128 (Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128-courts-martial/) (hub)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [Army Cases Charging Both Article 107 and Article 120](https://www.bodiesburied.com/trends/army-article-107-and-article-120-charged-together/)
- [Army Cases Charging Both Article 107 and Article 121](https://www.bodiesburied.com/trends/army-article-107-and-article-121-charged-together/)
- [Army Cases Charging Both Article 107 and Article 131b](https://www.bodiesburied.com/trends/army-article-107-and-article-131b-charged-together/)
- [Army Cases Charging Both Article 107 and Article 80](https://www.bodiesburied.com/trends/army-article-107-and-article-80-charged-together/)
- [Army Cases Charging Both Article 107 and Article 81](https://www.bodiesburied.com/trends/army-article-107-and-article-81-charged-together/)
- [Army Courts-Martial With Article 107 and Article 128b, 2022–2026](https://www.bodiesburied.com/trends/army-article-107-and-article-128b-charged-together/)
- [Army Courts-Martial With Article 107 and Article 134, 2021–2026](https://www.bodiesburied.com/trends/army-article-107-and-article-134-charged-together/)
- [Article 107 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-107/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**Compare: federal court.** [Aggravated Assault: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-army/)

**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.