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# NCOs (E-5 to E-9) Charged Under Article 107 in the Army
- URL: https://www.bodiesburied.com/trends/army-article-107-ncos/
- Published: 2026-10-28T08:18:48.000Z
- Updated: 2026-10-30T08:13:33.000Z
- Description: The Army tried 77 courts-martial from 2021 through 2025 charging NCOs (E-5 to E-9) under Article 107 for false official statements. Of convicted NCOs, 44% received a punitive discharge, compared with 61% across all Army Article 107 cases.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 107, 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/) › NCOs (E-5 to E-9)

**Short answer:** The Army tried 77 courts-martial from 2021 through 2025 charging NCOs (E-5 to E-9) under Article 107 for false official statements. Of convicted NCOs, 44% received a punitive discharge, compared with 61% across all Army Article 107 cases. The median confinement was 3 months, compared with 5 months.

Based on 77 cases · 2021–2025 · Army records · data updated October 24, 2026

## Larceny Was the Most Common Companion Charge

In NCO cases, the article most often charged with Article 107 was Article 121 (larceny), in 28 of the 77 cases. Article 92 (orders violation) appeared in 20, Article 134 (general article) in 18, and Article 120 (sexual assault) and Article 128 (assault) in 11 each.

Only 8 cases charged Article 107 by itself, compared with 12 of 167 across all Army Article 107 cases. A sentence covers every charge in the case, so the results below are not sentences for the false statement alone.

## More Convictions Without Confinement

There were 72 convictions, and 47 of them included confinement (65%). The other 25 (35%) included no confinement, compared with 27% across all Army Article 107 cases.

The median confinement was 3 months, shorter than the 5 months for all Army Article 107 cases. A quarter of terms were 7 months or longer. Terms of more than one year were part of 10 of 72 convictions (14%), compared with 19%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

| Adjudged confinement            | Convictions | Share here | Share, all Army Article 107 cases |
| ------------------------------- | ----------- | ---------- | --------------------------------- |
| No confinement                  | 25          | 35%        | 27%                               |
| Under 6 months                  | 31          | 43%        | 41%                               |
| 6 months to 1 year              | 6           | 8%         | 13%                               |
| More than 1 year, under 5 years | 5           | 7%         | 11%                               |
| 5 years or more                 | 5           | 7%         | 8%                                |

## Fewer Punitive Discharges

Of the 72 convicted NCOs, 32 received a punitive discharge: 24 bad-conduct discharges and 8 dishonorable discharges. That rate of 44% is lower than the 61% across all Army Article 107 cases.

A conviction without a punitive discharge can still be followed by administrative separation. Court-martial records do not show administrative separations.

## More Contested Cases

Of the 77 accused, 45 pleaded guilty and 32 entered a not-guilty or mixed plea. The contested share was 42%. Across all Army Article 107 cases, it was 37%.

Army records note whether a guilty plea came with a plea agreement, though not the terms. Here 41 of the 45 guilty pleas are recorded with one, and 4 have no entry.

## Full and Partial Acquittals

Of 32 contested cases that reached a verdict, 5 ended in a full acquittal (16%), close to the 15% across all Army Article 107 cases. Another 18 (56%) 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 appear in the records.

Members returned a full acquittal in 3 of 19 contested cases (16%), and a military judge alone in 2 of 13 (15%). The rates are about the same, and the counts are small enough that a single verdict would change either one.

## Enlisted Panels and Judges

A military judge alone decided guilt in 56 of 77 cases (73%). Members decided 21: 20 enlisted panels and 1 officer panel. Among the 32 contested cases, members decided 19 (59%).

In most cases, the accused chooses between a military judge alone and a panel. Most guilty pleas go before a military judge alone, so the forum split mostly follows the plea split.

## More Special Courts-Martial

Special courts-martial heard 38 of these cases and general courts-martial 36, with 3 not listed. The general court-martial share of 49% is lower than the 64% across all Army Article 107 cases. A special court-martial caps confinement at one year and allows a bad-conduct discharge but not a dishonorable discharge.

At general courts-martial, the median confinement was 6 months, and 50% of cases were contested. At special courts-martial, the median was 2 months, and 34% were contested.

## Years, Posts, and Rank

From 2021 through 2025, the number of cases by year was 25, 18, 6, 10, and 18\. Army records in this data are sparse before 2021, after the services were required to begin publishing trial records under Article 140a by December 2020.

Fort Sill tried 6 of these cases and Fort Hood 5, while Fort Meade, Fort Carson, and Fort Bragg tried 4 each. The five accounted for 30% of these cases. Larger posts try more cases of every kind.

All of the accused were NCOs, whereas junior enlisted soldiers made up 43% of all Army Article 107 cases.

## Limits and Rule Changes

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 give trial dates only, so trials from 2024 on include cases under the old rules and the new rules. They also do not include the statement itself, the evidence, plea terms, or nonjudicial punishment.

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 tried 2021–2025 that charged NCOs (E-5 to E-9) under Article 107 (77 cases), compared with every Army Article 107 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 107 (False Official Statements): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-107-courts-martial/) (hub)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [What Happens to Army Junior Enlisted (E-1 to E-4) Facing False Official Statement Charges?](https://www.bodiesburied.com/trends/army-article-107-junior-enlisted/)
- [Army False Official Statement Cases Against Officers: Outcomes and Sentences](https://www.bodiesburied.com/trends/army-article-107-officers/)
- [Junior Enlisted (E-1 to E-4) Charged Under Article 107 in the Air Force](https://www.bodiesburied.com/trends/air-force-article-107-junior-enlisted/)
- [Army Article 107 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-107-trend-2021-2025/)
- [Fewer or More? False Official Statement Charges at Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-107-trend-2016-2025/)
- [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)

**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.