Army Article 115 Cases in 2022

Trends › By Offense › Article 115 › Army, 2022

Based on 27 cases · 2022 · Army records · data updated October 24, 2026

Most Contested Cases Ended in a Partial Acquittal

Of 14 contested cases with a verdict, 12 ended in a partial acquittal (86%). A partial acquittal means not guilty of at least one charge or specification but guilty of another. Only 1 case ended in a full acquittal, a 7% rate, compared with 38% for all Army cases in 2022.

Army results report findings charge by charge, so partial acquittals are common. Nearly every contested threats case in 2022 ended with a conviction on at least one charge and a sentence.

Most Accused Contested a Charge

Of 27 accused, 14 contested at least one charge and 13 pleaded guilty. The 52% contested share was higher than the 36% for the Army overall.

Of the 13 guilty pleas, 11 are recorded with a plea agreement and 2 have no entry. Army records say whether an agreement existed but not what it said.

A contested case goes to a trial on the merits. In 2022, most contested threats cases ended with a conviction on some charges and an acquittal on others.

Assault and Domestic Violence Charges

No case in this group charged Article 115 by itself. Article 128 (assault) appeared in 17 cases and Article 128b (domestic violence) in 12. Article 134 (general article) and Article 92 (orders violation) each appeared in 8, and Article 90 (disobeying an officer) in 6.

A sentence covers every finding in the case, so the confinement and discharge figures include these other charges along with the threat itself.

Article 128b (domestic violence) was charged in 12 of the 27 cases in this year. The records list the articles charged but do not describe the conduct behind them, so they cannot show how the threat and the other charges related in any given case.

Longer Middle Terms

Confinement was part of 92% of the 26 convictions. The median term was 8 months, compared with 6 months for all Army cases in 2022. A quarter of the terms were 1.5 years or longer.

Terms over one year were given in 8 of 26 convictions (31%), more often than the 27% Army-wide. Terms of 6 months to 1 year were given in 7 convictions (27%), compared with 16%. Only 2 convictions (8%) included no confinement, compared with 16%.

These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal.

Year Over Year

Compared with 2021, the number of cases fell from 31 to 27. The contested share rose from 37% to 52%. Full acquittals in contested cases that reached a verdict went from 2 of 11 to 1 of 14. The median confinement rose from 7 months to 8 months.

Punitive discharges for convicted enlisted members fell from 81% to 60%. General courts-martial rose from 74% to 78%. In groups this small, a few cases can change these figures.

Fewer Punitive Discharges Than the Army Rate

Among 25 convicted enlisted members, 15 received a bad-conduct or dishonorable discharge (60%), less often than the 76% for all Army cases in 2022. Of those, 4 were dishonorable. The 1 convicted officer or warrant officer was not dismissed.

A sentence without a punitive discharge can still be followed by an administrative separation. These records do not show administrative separations.

Members Heard Most Contested Cases

The accused usually chooses whether a military judge alone or a panel of members decides guilt. A military judge alone decided 17 of 27 cases (63%), and members heard 10, all enlisted panels. Among contested cases, members heard 10 of 14 (71%).

Court level sets the maximum sentence. Of the 27 cases, 21 were general courts-martial (78%, compared with 74% Army-wide). A special court-martial is limited to one year of confinement and cannot impose a dishonorable discharge.

Only a general court-martial can adjudge more than one year of confinement, so the 8 convictions with longer terms came from general courts-martial.

Who and Where

Junior enlisted members (E-1 to E-4) made up 56% of the accused, NCOs 41%, and officers 4%. The junior enlisted share was about the same as the Army-wide share of 57%.

Fort Bliss tried 5 of these cases, Joint Base Lewis-McChord 4, Fort Hood and Fort Bragg 3 each, and Fort Campbell 2. Together they tried 63% of the 27. Larger installations try more cases of every kind.

Not in the Data

Trial records give trial dates, not offense dates. They do not include the evidence, the terms of any plea agreement, or threats handled by nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 115 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

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.