Army Article 120 Cases in 2023

Trends › By Offense › Article 120 › Army, 2023

Based on 95 cases · 2023 · Army records · data updated October 24, 2026

Full Acquittals in 49% of Contested Cases

Of the 63 contested cases that reached a verdict, 31 ended in a full acquittal (49%), higher than the 39% for all Army cases in 2023. Another 29 (46%) 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. Few contested sexual assault cases in 2023 ended in a conviction on every charge.

Full Acquittals by Members and by Military Judges

The accused usually chooses whether a military judge alone or a panel of members decides guilt. A judge alone decided 50 of 94 cases with the forum listed (53%), and members heard 44: 38 enlisted panels and 6 officer panels. Among contested cases, members heard 43 of 62 (69%).

In the 62 contested cases that reached a verdict with the forum listed, 49% of cases decided by members ended in a full acquittal. For military judges, the rate was 47%. The accused chooses the forum, so the cases in each group are different. Similar rates do not mean the two would decide the same case the same way.

Sentences After Conviction

Of 64 cases with a conviction on at least one charge, 56 included confinement (88%). The median term was 1.8 years, compared with 6 months for all Army cases in 2023. A quarter of the terms were 4.6 years or longer.

Terms over one year were given in 37 of 64 convictions (58%), compared with 28% Army-wide. Terms of 5 years or more made up 20% of convictions here, compared with 8% for the Army. Terms under 6 months made up 16%, compared with 39%.

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

Punitive Discharges for Most Convicted Enlisted Members

Of 58 convicted enlisted members, 52 received a punitive discharge: 35 dishonorable and 17 bad-conduct. The share for all Army cases in 2023 was 74%. Only a general court-martial can adjudge a dishonorable discharge, the more severe form. In this group, dishonorable discharges were more common than bad-conduct discharges.

Of 6 convicted officers or warrant officers, 4 were dismissed, the officer equivalent of a punitive discharge. Where no punitive discharge was adjudged, an administrative separation can still follow.

Changes From 2022

The number of cases fell from 125 to 95. Full acquittals in contested cases that reached a verdict went from 37 of 89 to 31 of 63. The median confinement rose from 1.5 years to 1.8 years. Punitive discharges for convicted enlisted members rose from 77% to 90%.

The contested share went from 71% to 66%. Convictions with confinement stayed at 88%. General courts-martial went from 96% to 98%. In groups of this size, a few cases can change any of these figures.

Pleas and Plea Agreements

Of 95 accused, 63 contested at least one charge and 32 pleaded guilty. Plea agreements are recorded for 30 of the 32 guilty pleas, and 2 have no entry. Army records say whether an agreement existed, not what it said.

Guilty pleas were the smaller group in these cases, so plea agreements applied to fewer cases than contested verdicts did. Where an agreement existed, it may have capped the confinement actually served below the adjudged term shown above, and that cap is not visible in the records.

Nearly All General Courts-Martial

Court level: 93 general and 2 special courts-martial. General courts-martial were 98% of these cases, compared with 76% for all Army cases. A general court-martial can impose any lawful sentence. A special court-martial is limited to one year of confinement and cannot impose a dishonorable discharge.

Article 120 was the only charge in 35 of 95 cases. Article 128 (assault) appeared in 36, Article 134 (general article) in 16, Article 128b (domestic violence) in 12, and Article 80 (attempt) and Article 92 (orders violation) in 8 each.

Rank and Location

Junior enlisted members (E-1 to E-4) made up 61% of the accused, NCOs 32%, and officers 7%. The Army-wide junior enlisted share was 56%.

Fort Hood tried 12 of these cases, Fort Bragg 9, and Fort Carson, Wheeler Army Airfield, and Joint Base Lewis-McChord 7 each. Together they tried 44% of the 95. Larger installations try more cases of every kind.

Limits of the Records

The records give trial dates, not offense dates. They do not describe the evidence, plea terms, or allegations handled through nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 120 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Sexual Abuse of an Adult: Federal Sentences vs. Army Courts-Martial

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.