How Much Confinement for an Article 115 Conviction in the Army?

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Based on 70 cases · 2021–2025 · Army records · data updated October 24, 2026

Threat Cases Were Contested More Often

A case counts as contested when the accused pleads not guilty to at least one charge. Plea data covers 69 of the 70 records: 47 guilty pleas and 22 contested cases. That 32% contested share is higher than the 21% across Army convictions in the same years.

Of the 22 contested cases, 18 were partial acquittals, meaning the accused was found 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.

Among the 47 guilty pleas, 43 are recorded with a plea agreement and 4 have no entry. Army records note whether an agreement existed, not its terms.

How Long Was the Confinement?

Confinement was part of 65 of the 70 sentences (93%). The median was 8 months, and a quarter of terms were 1.3 years or longer. Only 5 convictions (7%) included no confinement, compared with 17% across Army convictions.

Terms of 6 months to 1 year were more common than across the Army: 30% of convictions, compared with 16% Army-wide. Terms over one year were given in 20 of 70 (29%), about the same as the 28% across the Army. Of those, 17 were more than 1 year and under 5 years, and 3 were 5 years or more.

These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

Assault and Domestic Violence in the Same Case

Most threat cases included other charges. Article 128 (assault) appeared in 38 of the 70 cases and Article 128b (domestic violence) in 23. Article 92 (orders violation) appeared in 16, Article 90 (disobeying an officer) in 13, and Article 120 (sexual assault) in 12.

One sentence covers the whole case. The confinement figures here cover threats together with violence or other conduct.

Most Were General Courts-Martial

General courts-martial made up 74% of the 69 cases with a court level listed (51 of 69), and special courts-martial made up the rest, with the level not listed for 1 case. A general court-martial can impose any lawful sentence, including a dishonorable discharge. A special court-martial is limited to one year of confinement.

The 51 general courts-martial had a median confinement of 11 months, with 40% contested. The 18 special courts-martial had a median of 4 months, with 11% contested. Since 2019, a special court-martial can also be heard by a military judge alone, with confinement limited to six months and no punitive discharge.

Members Heard Most Contested Trials

A military judge alone decided guilt in 56 cases. Members heard 20% of cases with the forum listed: 13 enlisted panels and 1 officer panel. Among contested cases, members heard 14 of 22 (64%).

The accused usually chooses between a judge and members, and judge-alone trials are mostly guilty pleas.

Punitive Discharges at the Army Rate

A punitive discharge was adjudged in 73% of enlisted convictions, the same as the 73% across Army convictions. There were 41 bad-conduct discharges and 7 dishonorable discharges.

Of 4 convicted officers or warrant officers, 3 were dismissed. A sentence without a punitive discharge can still be followed by an administrative separation.

Rank and Location

By rank, 43 accused were junior enlisted (E-1 to E-4), 23 were NCOs (E-5 to E-9), and 4 were officers or warrant officers. The group is more junior than Army convictions overall, where 57% were junior enlisted.

Fort Bragg had the most cases, with 12, followed by Fort Bliss (8), Joint Base Lewis-McChord (7), Vilseck (Europe) (5), and Camp Humphreys (4). Together they had 51% of the 70 cases. Larger installations try more cases of every kind.

Cases by Year

The annual count was highest at the start of the period: 22 in 2021, 18 in 2022, 10 in 2023, 13 in 2024, and 7 in 2025. The records do not explain the pattern, and Army records in this data are sparse before 2021.

What the Records Cannot Show

The records give trial dates, not offense dates. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses such as domestic violence. New sentencing parameters apply when every guilty finding is for an offense after December 27, 2023, Trials from 2024 on include old-rule and new-rule cases. The records also do not include the evidence, the plea terms, and anything handled through 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.