NCOs (E-5 to E-9) Charged Under Article 120 in the Army

Trends › By Offense › Article 120 › NCOs (E-5 to E-9)

Based on 169 cases · 2021–2025 · Army records · data updated October 24, 2026

Most Cases Were Contested

Of the 169 accused, 125 entered a not-guilty or mixed plea and 44 pleaded guilty. The contested share was 74%, higher than the 71% across all Army Article 120 cases.

Of the 44 guilty pleas, 36 are recorded with a plea agreement and 8 have no entry. Army records show whether an agreement existed but not what it provided.

Verdicts in Contested Cases

Of the 125 contested cases that reached a verdict, 46% ended in a full acquittal, meaning not guilty of every charge. The rate across all Army Article 120 cases was 45%. Another 51 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.

Full-acquittal rates were different by forum. Of contested cases decided by members, 52% ended in a full acquittal (42 of 80). Of those decided by a judge alone, 25% did (10 of 40). Those figures cover the 120 contested cases that reached a verdict with the forum listed. The records do not explain the difference.

Enlisted Panels Heard Many Cases

A military judge alone decided 83 cases. Enlisted panels heard 77 and officer panels 4. Members decided 49% of the cases, about the same as the 47% across all Army Article 120 cases. They heard 80 of the 120 contested cases (67%).

In most cases, the accused chooses whether a judge or members decide guilt. Most judge-alone cases are guilty pleas.

More Short Terms and More Long Terms

There were 112 convictions, and 85% of them included confinement. Half of those terms were 1.5 years or less, and a quarter were 3.8 years or longer. The records list 1 life sentence.

Compared with all Army Article 120 cases, NCO sentences were more common at both the short and long ends. No confinement made up 15% of convictions, compared with 13%. Terms under 6 months made up 21%, compared with 18%. Terms of 5 years or more made up 20%, compared with 18%. Terms of more than 1 year but under 5 years were less common: 31%, compared with 38%.

Overall, 57 of 112 convictions (51%) included more than one year, compared with 56%. All are adjudged sentences, covering every charge, before any plea-agreement cap, clemency, or appeal.

Punitive Discharges and Their Severity

Of 112 convicted NCOs, 84 received a bad-conduct or dishonorable discharge (75%), less often than the 81% across all Army Article 120 cases. Of those, 57 were dishonorable.

An NCO sentenced without a punitive discharge may still be separated administratively, which is outside these court records.

Assault and Maltreatment Among the Other Charges

Article 120 was the only charge in 54 of the 169 cases. Article 128 (assault) was the most common other charge, in 67 cases, followed by Article 92 (orders violation) in 32 and Article 134 (general article) in 31. Article 93 (maltreatment), which concerns cruelty toward or maltreatment of a subordinate, appeared in 19, and Article 128b (domestic violence) in 16.

Court Level and Time

General courts-martial heard 159 of the 169 cases (94%), compared with 96% service-wide. Their median confinement was 2 years, and 75% were contested. Special courts-martial are limited to one year of confinement and cannot impose a dishonorable discharge. The 10 special courts-martial had a median of 2 months, and 50% were contested.

The yearly count was 44 in 2021, 44 in 2022, 30 in 2023, 31 in 2024, and 20 in 2025. Article 120 has been a covered offense since December 28, 2023, and special trial counsel decide whether to prosecute it. The records show trial dates, not offense dates, so trials from 2024 on include old-rule and new-rule cases. Army records in this data are sparse before 2021.

Installations, Rank, and What the Records Omit

Fort Hood tried 21 of these cases, Joint Base Lewis-McChord 19, Fort Bragg 18, and Camp Humphreys and Fort Campbell 10 each. Together they tried 46% of the cases. Larger installations try more cases of every kind. All 169 accused were NCOs. Across all Army Article 120 cases, 57% were junior enlisted.

The records omit the evidence, plea terms, and allegations handled through nonjudicial punishment, administrative separation, or no action.

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.