Army Courts-Martial With Article 112a and Article 128b, 2021–2026

Trends › By Offense › Article 112a › Army, with Article 128b

Based on 18 cases · 2021–2026 · Army records · data updated October 24, 2026

Confinement in All 18 Sentences

Of 18 convictions, 18 carried confinement. The median term was 1 year. Across Army-wide Article 112a cases, the median was 5 months. A quarter of the terms in this group were 3.7 years or longer.

The sentences are adjudged sentences, recorded at trial before any plea-agreement cap, clemency, or appeal. They cover every charge in the case, not only the drug and domestic violence charges.

General Courts-Martial Were the Norm

15 cases were general courts-martial and 3 were special courts-martial. The general share was 83%, compared with 53% in Army Article 112a cases overall. A general court-martial can impose any lawful sentence. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Discharges and Dismissals

A punitive discharge followed 100% of enlisted convictions: 11 bad-conduct discharges and 3 dishonorable discharges. Army-wide Article 112a cases had a rate of 81%.

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

Guilty Pleas Under Plea Agreements

15 accused pleaded guilty, and 3 contested at least one charge with a not-guilty or mixed plea. The contested share was 17%, compared with 14% Army-wide. 14 of the 15 guilty pleas are recorded with a plea agreement, and 1 has no entry. Army records show whether there was an agreement, not its terms.

Forum

A military judge alone decided guilt in 17 of the 18 cases (94%). Members heard 1 case, before an officer panel.

Rank and Other Charges

The accused were 12 junior enlisted members, 2 NCOs, and 4 officers. The group was more senior than Army Article 112a cases overall.

Besides Article 128b, the most common charges were Article 128, assault, and Article 92, orders violation, in 7 cases each. Article 134, the general article, and Article 90, disobeying an officer, each appeared in 4.

Trials From 2021 to 2026

The trials ran from October 2021 through August 2026. By year: 1 in 2021, 4 in 2022, 3 in 2023, 6 in 2024, 1 in 2025, and 3 in 2026, a partial year. Army records in this data are sparse before 2021.

What This Leaves Out

Domestic violence is a covered offense. 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, not offense dates, so the trials from 2024 on mix old-rule and new-rule cases. Cases resolved by nonjudicial punishment, administrative separation, or no action are not in these records, and the records do not describe the evidence or the plea terms.

For what the offense covers and how it is defended, see Article 112a on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Drug Use: Federal Sentences vs. Army Courts-Martial · Drug Distribution: 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.