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# Article 128 With Article 128b in the Army: What the Records Show
- URL: https://www.bodiesburied.com/trends/army-article-128-and-article-128b-charged-together/
- Published: 2026-10-30T05:27:17.000Z
- Updated: 2026-10-30T08:16:59.000Z
- Description: The Army records hold 83 courts-martial from 2021 to 2026 that charged both assault under Article 128 and domestic violence under Article 128b. The median confinement was 10 months, compared with 6 months across all Army Article 128 cases.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128, Article 128b, Army

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 128](https://www.bodiesburied.com/trends/article-128-courts-martial/) › Army, with Article 128b

**Short answer:** The Army records hold 83 courts-martial from 2021 to 2026 that charged both assault under Article 128 and domestic violence under Article 128b. The median confinement was 10 months, compared with 6 months across all Army Article 128 cases. 80% of convicted enlisted members received a punitive discharge, compared with 70%.

Based on 83 cases · 2021–2026 · Army records · data updated October 24, 2026

## Members and Military Judges in Contested Cases

34 contested cases reached a verdict with the forum listed. In those cases, members acquitted in full 25% of the time. Military judges acquitted in full 0% of the time. A full acquittal means not guilty of all charges.

These groups are not alike. The accused chooses the forum in most cases, and the records do not show why. Among contested cases, members heard 24 of 34 (71%). Across all cases with the forum listed, 30% went to members: 22 enlisted panels and 2 officer panels. The other 57 were decided by a military judge alone.

## Acquittals Were Less Common

Of 36 contested cases that reached a verdict, 8 ended in a full acquittal. That rate, 22%, is lower than the 30% in all Army Article 128 cases from 2021 to 2026.

27 contested cases ended in a partial acquittal, with the accused found not guilty of at least one charge or specification and guilty of another. Army results list findings charge by charge, so partial acquittals are common in Army records.

## Pleas

47 accused pleaded guilty and 36 contested at least one charge. The contested share, 43%, is higher than the 37% across all Army Article 128 cases. A contested case includes a not-guilty plea and a mixed plea.

42 of the 47 guilty pleas are recorded with a plea agreement, and 5 have no entry. Army records say whether there was an agreement, not what it said.

## Confinement After Conviction

Of 75 convictions, 84% included confinement. The median term was 10 months, compared with 6 months for all Army Article 128 cases. A quarter of the terms were 2.8 years or longer, and 1 was a life sentence.

27 of the 75 convictions (36%) carried more than one year, compared with 27% in the wider group. Terms of more than 1 year but under 5 years made up 25%, compared with 18%. Terms under 6 months were less common: 29%, compared with 42%. Convictions with no confinement made up 16%, about the same as the 17% in all Army Article 128 cases.

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

| Adjudged confinement            | Convictions | Share here | Share, Army-wide Article 128 cases |
| ------------------------------- | ----------- | ---------- | ---------------------------------- |
| No confinement                  | 12          | 16%        | 17%                                |
| Under 6 months                  | 22          | 29%        | 42%                                |
| 6 months to 1 year              | 14          | 19%        | 14%                                |
| More than 1 year, under 5 years | 19          | 25%        | 18%                                |
| 5 years or more                 | 8           | 11%        | 9%                                 |

## Results by Court Level

General courts-martial heard 73 of the 83 cases (88%), compared with 79% in all Army Article 128 cases. At that level, 86% of convictions brought confinement, with a median of 1 year. At the 10 special courts-martial, 70% did, with a median of 2 months.

A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

## Punitive Discharges

Among 70 convicted enlisted members, 56 received a bad-conduct or dishonorable discharge (80%), more often than in all Army Article 128 cases (70%). 15 of the 56 were dishonorable.

5 convicted officers or warrant officers appear in the records, and 1 was dismissed. A sentence without a punitive discharge does not rule out an administrative separation later.

## Other Charges and Rank

Besides Article 128 and Article 128b, Article 134 (general article) was charged in 18 cases, Article 115 (communicating threats) in 17, Article 120 (sexual assault) in 16, and Article 92 (orders violation) in 13\. When assault is charged next to sexual assault or domestic violence, the assault count can describe part of the same incident.

Junior enlisted members (E-1 to E-4) made up 47% of the accused, NCOs 46%, and officers 7%. In all Army Article 128 cases, 56% of the accused were junior enlisted.

## Years and Installations

The cases were tried from March 2021 through August 2026: 8 in 2021, 24 in 2022, 15 in 2023, 15 in 2024, 13 in 2025, and 8 in 2026, a partial year.

Fort Bragg had 13 cases, Fort Bliss 8, Fort Stewart 7, Joint Base Lewis-McChord 7, and Vilseck (Europe) 6\. These five account for 49% of the cases. Larger installations try more cases of every kind, so a high count does not by itself point to a problem at a base.

## Rule Changes and Gaps in the Records

Domestic violence is among the covered offenses that, since December 28, 2023, special trial counsel rather than commanders decide whether to prosecute. Article 128 assault is not itself a covered offense, but a special trial counsel who takes a covered offense can also take related offenses. 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 trials from 2024 on mix cases under old and new rules.

The records do not describe the evidence or the plea terms, and they leave out nonjudicial punishment and administrative separations. Army records in this data are sparse before 2021.

For what the offense covers and how it is defended, see [Article 128 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial with trial dates in 2021–2026 that charged both Article 128 and Article 128b (83 cases), compared with all 697 Army Article 128 cases in those years.

Source: public court-martial records (Article 140a, UCMJ) in [Military Trial Results](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Article 128 (Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128-courts-martial/) (hub)
- [Article 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128b-courts-martial/) (hub)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [Army Cases Charging Both Article 128 and Article 134](https://www.bodiesburied.com/trends/army-article-128-and-article-134-charged-together/)
- [Army Cases Charging Both Article 128 and Article 90](https://www.bodiesburied.com/trends/army-article-128-and-article-90-charged-together/)
- [Army Cases Charging Both Article 128 and Article 92](https://www.bodiesburied.com/trends/army-article-128-and-article-92-charged-together/)
- [Army Courts-Martial With Article 128 and Article 129, 2021–2026](https://www.bodiesburied.com/trends/army-article-128-and-article-129-charged-together/)
- [Army Courts-Martial With Article 128 and Article 80, 2021–2026](https://www.bodiesburied.com/trends/army-article-128-and-article-80-charged-together/)
- [Article 128 With Article 131b in the Army: What the Records Show](https://www.bodiesburied.com/trends/army-article-128-and-article-131b-charged-together/)
- [Article 128 With Article 87a in the Army: What the Records Show](https://www.bodiesburied.com/trends/army-article-128-and-article-87a-charged-together/)
- [Article 128 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.