Army Cases Charging Both Article 121 and Article 128

Trends › By Offense › Article 121 › Army, with Article 128

Based on 14 cases · 2021–2025 · Army records · data updated October 24, 2026

Longer Confinement Than Larceny Cases Overall

All 14 cases ended in a conviction, and all 14 sentences included confinement. The median confinement was 9 months. Across all Army Article 121 cases in 2021–2025, the median was 3 months.

A quarter of the confinement terms in this group were 7.5 years or longer. These are sentences as adjudged at trial. They cover every charge in the case, and they come before any plea-agreement cap, clemency, or appeal.

Punitive Discharges

12 of the 14 convicted enlisted members were sentenced to a bad-conduct or dishonorable discharge (86%). 4 of the 12 were dishonorable discharges. In all Army Article 121 cases, 65% of convicted enlisted members received a punitive discharge.

No officers appear in this group. A sentence without a punitive discharge does not rule out an administrative separation later.

Most Cases Went to General Court-Martial

10 of the 14 cases were general courts-martial (71%). For Army Article 121 cases overall, the general share was 46%. A special court-martial cannot impose a dishonorable discharge, and its confinement limit is one year.

Pleas and Plea Agreements

11 accused pleaded guilty and 3 contested at least one charge. The contested share was 21%, compared with 15% in all Army Article 121 cases.

All 11 guilty pleas are recorded with a plea agreement. The Army records show whether an agreement existed but not its terms, so any cap on confinement is not visible here.

Rank of the Accused

8 of the accused were junior enlisted members (E-1 to E-4) and 6 were NCOs (E-5 to E-9). Junior enlisted members made up 41% of the accused in Army Article 121 cases overall, so this group is more junior.

Military Judge or Panel

A military judge alone decided 12 of the 14 cases. Members heard the other 2, both with enlisted panels (14%). The accused usually makes this choice.

Charges Beyond Larceny and Assault

Article 80 (attempt) appeared in 6 of the 14 cases, Article 107 (false official statement) in 5, Article 134 (general article) in 4, and Article 120 (sexual assault) in 3. Each sentence in this group covers all of the charges in the case, not only larceny and assault.

When the Trials Took Place

The cases run from January 2021 to January 2025. The count fell each year: 6 in 2021, 4 in 2022, 2 in 2023, 1 in 2024, and 1 in 2025.

The new sentencing parameters apply when every guilty finding is for an offense after December 27, 2023. The records give trial dates, not offense dates, so they cannot show which rules applied. They also leave out nonjudicial punishment, the evidence, and plea terms.

For what the offense covers and how it is defended, see Article 121 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Theft and Fraud: Federal Sentences vs. Army Courts-Martial · Aggravated Assault: 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.