NCOs (E-5 to E-9) Charged Under Article 115 in the Army

Trends › By Offense › Article 115 › NCOs (E-5 to E-9)

Based on 40 cases · 2021–2025 · Army records · data updated October 24, 2026

Most NCOs Contested the Charges

Only 17 of the 40 accused NCOs pleaded guilty. The other 23 entered a not-guilty or mixed plea, so 58% of the cases were contested. That is higher than the 45% for all Army Article 115 cases.

Of the 17 guilty pleas, 15 are recorded with a plea agreement and 2 have no entry. Army records show whether an agreement existed but not its terms.

How the Contested Trials Ended

Of 23 contested cases that reached a verdict, 7 ended in a full acquittal, meaning not guilty of every charge. That 30% full-acquittal rate is higher than the 24% across all Army Article 115 cases.

Another 13 ended in a partial acquittal: not guilty of at least one charge or specification but guilty of another. Army results list findings charge by charge, so partial acquittals are common in Army records.

Panels Heard More of These Cases

A military judge alone decided 24 cases, and enlisted panels heard 15. No case went to an officer panel. Members decided 38% of cases, compared with 27% across all Army Article 115 cases. Among contested cases, members heard 15 of 22 (68%).

The accused usually chooses whether a judge or a panel decides guilt. Most judge-alone cases are guilty pleas, and this group had a higher contested share than all Army Article 115 cases.

Sentences About the Same as Across the Army

There were 33 convictions, and 30 included confinement. The median term was 7 months, the same as across all Army Article 115 cases. A quarter of terms were 1 year or longer.

The bands are about the same as the service-wide shares. Terms longer than one year were given in 8 of 33 convictions (24%), compared with 27%. Terms of 6 months to 1 year were 30%, compared with 26%. The share with no confinement was 9% in both groups.

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

Fewer Punitive Discharges

A punitive discharge was adjudged in 58% of enlisted convictions here, lower than the 68% across all Army Article 115 cases. The courts adjudged 16 bad-conduct discharges and 3 dishonorable discharges. Only a general court-martial can adjudge a dishonorable discharge, the most severe characterization for an enlisted member.

An NCO sentenced without a punitive discharge may still be separated administratively after the court-martial. That process is outside these records.

Other Charges, Including Violent Offenses

Every one of the 40 cases charged another article as well. Article 128 (assault) appeared in 26, Article 128b (domestic violence) in 16, Article 134 (general article) in 11, Article 90 (disobeying an officer) in 8, and Article 120 (sexual assault) in 7.

Domestic violence has been a covered offense since December 28, 2023. For covered offenses, special trial counsel decide whether to prosecute. Whether that rule applied depends on offense dates, which the records do not include.

Court Level, Timing, and Place

General courts-martial heard 29 cases (72%), compared with 75% service-wide. Special courts-martial heard 11. The median confinement was 9 months at general courts-martial and 2 months at special courts-martial. Contested shares were about the same: 59% and 55%. A special court-martial cannot adjudge more than one year of confinement or a dishonorable discharge.

The yearly count fell from 12 in 2021 to 11 in 2022, 8 in 2023, 6 in 2024, and 3 in 2025, with the last case tried in October 2025. Army records here are sparse before 2021, after Article 140a required publication of trial records by December 2020.

Fort Bragg tried 6 cases, Wheeler Army Airfield and Joint Base Lewis-McChord 4 each, and Fort Riley and Vilseck (Europe) 3 each. Together they tried 50% of the cases. All 40 accused were NCOs. In all Army Article 115 cases, 53% were junior enlisted.

What the Records Do Not Show

The records do not include the threat itself, the evidence, plea terms, or matters handled by nonjudicial punishment or administrative separation. They list trial dates, not offense dates. With 40 cases and 23 contested verdicts, a few results can change any rate on this page. The comparisons with all Army Article 115 cases are based on small counts.

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.