Army Article 115 Cases in 2023
Of the 16 Army courts-martial from 2023 that charged Article 115 (communicating threats), 8 were contested, and 5 of the 8 contested cases that reached a verdict ended in a full acquittal. In 2022, 1 of 14 did.
Understanding Trends in Military Practice · 4 min read
Trends › By Offense › Article 115 › Army, 2023
Short answer: Of the 16 Army courts-martial from 2023 that charged Article 115 (communicating threats), 8 were contested, and 5 of the 8 contested cases that reached a verdict ended in a full acquittal. In 2022, 1 of 14 did. Among convictions with confinement, the median was 10 months, longer than the 6 months for all Army cases in 2023.
Full Acquittals in 5 of 8 Contested Cases
8 accused pleaded guilty and 8 contested at least one charge. A case is contested when the accused pleads not guilty to at least one charge, so a mixed plea also counts. The contested share of 50% was higher than the 31% for all Army cases in 2023.
Of the 8 contested cases that reached a verdict, 5 ended in a full acquittal, meaning not guilty of every charge. In 2022, 1 of 14 contested Article 115 cases that reached a verdict ended that way. With groups this small, a few verdicts can move these figures.
How 2023 Compared With 2022
The case count went from 27 in 2022 to 16 in 2023. The contested share moved from 52% to 50%. The median confinement went from 8 months to 10 months, and punitive discharges for convicted enlisted members went from 60% to 55%.
The share of convictions with confinement went from 92% to 82%. General courts-martial were 78% of cases with a court level listed in 2022 and 80% in 2023.
| 2022 | 2023 | |
|---|---|---|
| Cases | 27 | 16 |
| Contested (of pleas recorded) | 52% | 50% |
| Full acquittals (decided contested) | 1 of 14 | 5 of 8 |
| Convictions with confinement | 92% | 82% |
| Median confinement | 8 months | 10 months |
| Punitive discharge (enlisted) | 60% | 55% |
| General courts-martial | 78% | 80% |
Sentences After a Conviction
Of 11 convictions, 9 included confinement. The median confinement was 10 months, compared with 6 months for all Army cases in 2023. Among the sentences that included confinement, a quarter were 1.3 years or longer.
These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case, including the assault and domestic violence charges described below.
Punitive Discharges
6 of 11 convicted enlisted members received a punitive discharge, and all 6 were bad-conduct discharges. Across all Army cases in 2023, the share was 74%. A sentence without a punitive discharge does not rule out a later administrative separation.
Always Charged With Something Else
All 16 cases charged at least one other article. Article 128 (assault) appeared in 10 and Article 128b (domestic violence) in 7. Article 120 (sexual assault), Article 134 (general article), and Article 92 (orders violation) each appeared in 3.
Rank, Court Level, and Forum
7 accused were junior enlisted (E-1 to E-4), 8 were NCOs (E-5 to E-9), and 1 was an officer or warrant officer. That mix is more senior than all Army cases in 2023, where 56% were junior enlisted.
General courts-martial made up 80% of the 15 cases with a court level listed (12 of 15). The court level is not listed for 1 case. A general court-martial can impose long confinement and a dishonorable discharge, while a special court-martial caps confinement at one year.
A military judge alone decided 12 cases, and enlisted panels heard 3. Members heard 20% of the cases with the forum listed. The accused usually chooses whether a military judge alone or a panel of members decides guilt.
What the Records Cannot Tell You
Only cases that reached a courtroom are in these records. They do not include nonjudicial punishment, administrative separation, or cases with no action, and they do not describe the evidence or why a contested case ended as it did.
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.
How We Counted
Army courts-martial with a trial date in 2023 that charged Article 115 (16 cases), compared with all Army cases that year and with 2022.
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Article 115 (Malingering Before 2019, Communicating Threats Since): Court-Martial Data and Trends (hub)
- By Year (hub)
- Army Article 115 Cases in 2022 (previous / next)
- Communicating Threats at Army Courts-Martial, 2024: The Year in Numbers (previous / next)
- Army Article 115 Cases by the Numbers, 2021–2025 (the full trend)
- How Army Communicating Threats Cases Ended in 2021
- Navy-Marine Corps Article 115 Cases in 2021
- How Much Confinement for an Article 115 Conviction in the Army?
- Article 115 explained on the law firm's website
- Search every case in 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. This analysis is for education and information only. It is not legal advice, and every case is different.