Army Cases Charging Both Article 115 and Article 128b

Trends › By Offense › Article 115 › Army, with Article 128b

Based on 40 cases · 2021–2026 · Army records · data updated October 24, 2026

The Busiest Year Was 2024

The first case in this group was tried in October 2021, and there was only 1 that year. The count was 12 in 2022, 7 in 2023, and 13 in 2024. There were 3 in 2025 and 4 in 2026, a partial year.

Domestic violence is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. The records give trial dates, not offense dates, so they cannot show which 2024 cases were handled under the new rule. They also cannot show whether the rule change had any effect on these counts.

Contested Cases and Their Verdicts

19 accused pleaded guilty and 21 contested at least one charge. That is 52% contested, compared with 45% in the Army as a whole. A contested case is one with a not-guilty or mixed plea.

Full acquittals, meaning not guilty of all charges, came in 19% of the 21 decided contested cases. In Army Article 115 cases overall, the rate was 26%. Another 16 contested cases were partial acquittals: not guilty of at least one charge but guilty of another. Army results list findings charge by charge, so partial acquittals are common in Army records.

Of the 19 guilty pleas, 17 are recorded with a plea agreement and 2 have no entry. The records do not give the agreement terms.

Panels of Members

A military judge alone heard 25 cases. An enlisted panel heard 14 and an officer panel heard 1. Members heard 38% of the cases, compared with 27% in the Army as a whole. In contested cases, members heard 15 of 21 (71%).

The accused usually chooses whether a military judge alone or a panel of members decides guilt. Most judge-alone cases are guilty pleas.

Length of Confinement

Confinement was part of 97% of the 36 convictions. Half of those terms were 8 months or less. In all Army Article 115 cases in 2021–2026, the median was 6 months. A quarter of the terms were 1.1 years or longer.

Sentences of more than 1 year came in 10 of 36 convictions (28%), about the same as the 27% for the Army as a whole. Terms of 6 months to 1 year made up 31%, compared with 25%. Terms under 6 months made up 39% in both groups. Only 1 conviction had no confinement (3%), compared with 8%.

These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Punitive Discharges

24 of 34 convicted enlisted members received a punitive discharge: 19 bad-conduct discharges and 5 dishonorable discharges. In Army Article 115 cases overall, the share was 69%.

2 convicted officers or warrant officers appear in this group, and 1 was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Rank and Court Level

Junior enlisted members (E-1 to E-4) made up 52% of the accused, NCOs 40%, and officers 8%. In the rest of the Army, junior enlisted members were 54%.

General courts-martial made up 78% of these cases (31 of 40). A general court-martial can impose long confinement and a dishonorable discharge. Special courts-martial made up the rest and are capped at 1 year of confinement.

Other Charges

Every case charged at least one other article besides Article 115. After Article 128b, the most common were Article 128 (assault) in 17 cases, Article 90 (disobeying an officer) in 9, Article 120 (sexual assault) in 9, and Article 92 (orders violation) in 9.

Installations

Fort Bragg had the most cases (7), followed by Joint Base Lewis-McChord (5), Fort Riley (4), Fort Bliss (4), and Camp Humphreys (3). These five installations account for 58% of the 40 cases. Larger installations try more cases of every kind, so a count alone does not describe any one base.

Record Limits

New sentencing parameters apply when every guilty finding is for an offense after December 27, 2023, but without offense dates the records cannot show which cases they covered. The records do not describe the evidence or the plea terms. Cases handled by nonjudicial punishment or administrative separation are not included.

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.