Article 120c With Article 80 in the Army: What the Records Show

Trends › By Offense › Article 120c › Army, with Article 80

Based on 16 cases · 2021–2026 · Army records · data updated October 24, 2026

Every Enlisted Conviction Ended in a Punitive Discharge

Every enlisted member convicted in this group was sentenced to a punitive discharge: 9 bad-conduct discharges and 4 dishonorable discharges. Across all Army Article 120c cases in 2021–2026, the share was 88%.

2 officers or warrant officers were also convicted. 1 of them was dismissed, which is the officer equivalent of a punitive discharge. A sentence with no punitive discharge can still be followed by an administrative separation, which these records do not track.

Confinement in Every Conviction

15 cases ended in a conviction, and all 15 sentences included confinement. The median confinement was 1 year, the same as the median for all Army Article 120c cases.

A quarter of these confinement terms were 2.5 years or longer, and 1 was a life sentence. Each figure is the sentence adjudged at trial. It covers every charge in the case and comes before any plea-agreement cap, clemency, or appeal.

Who Decided Guilt?

A military judge alone decided guilt in 14 of the 15 cases with the forum listed (93%). Members heard 1 case, with an enlisted panel. In most cases the accused chooses between a military judge alone and a panel of members.

A More Senior Group of Accused

NCOs were the largest group: 9 of the 16 accused. 5 were junior enlisted members and 2 were officers. The sheet describes this group as more senior than Army Article 120c cases overall.

15 of the 16 cases were tried by general court-martial (94%), compared with 86% for all Army Article 120c cases. Only a general court-martial can impose a dishonorable discharge or confinement beyond one year.

Pleas

9 accused pleaded guilty. The other 7 pleaded not guilty to at least one charge, which makes the case contested. That is 44% contested, compared with 40% for Army Article 120c cases overall.

Other Charges in the Same Cases

Beyond Article 120c and Article 80, the most frequent additional charges were Article 128 (assault) in 3 cases, Article 134 (general article) in 3, Article 120 (sexual assault) in 2, and Article 121 (larceny) in 2. The sentences above cover all of these charges together, not the Article 120c count alone.

Trial Years

The trials run from January 2021 through May 2026. 2021 had the most, with 6. The other years had 1 to 3 each: 2022: 1, 2023: 2, 2024: 3, 2025: 2, and 2026: 2, a partial year.

Law Changes and Missing Information

Article 120c is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether covered offenses are prosecuted. A military judge also sets the sentence within new sentencing parameters when every guilty finding is for an offense after December 27, 2023.

Both rules depend on the offense date, and the records list only trial dates. Trials from 2024 onward therefore mix cases under the old and new rules. The records also leave out the evidence, the plea terms, and any conduct handled outside a court-martial.

For what the offense covers and how it is defended, see Article 120c 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.