Army Courts-Martial With Article 128 and Article 129, 2021–2026

Trends › By Offense › Article 128 › Army, with Article 129

Based on 19 cases · 2021–2026 · Army records · data updated October 24, 2026

Nearly All Cases Were Tried at the General Level

18 of the 19 cases went to a general court-martial and 1 to a special court-martial. The general share was 95%, compared with 79% in all Army Article 128 cases in 2021–2026. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial is limited to one year of confinement.

Confinement After Conviction

17 cases ended in a conviction, and confinement was part of 88% of those sentences. The median confinement was 1.2 years. For Army Article 128 cases overall, the median was 6 months.

A quarter of the confinement terms were 7 years or longer. These figures are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Punitive Discharges

14 of 16 convicted enlisted members were sentenced to a punitive discharge: 10 bad-conduct and 4 dishonorable. The rate across all Army Article 128 cases was 70%.

1 officer or warrant officer was convicted, and that officer was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Members Heard 32% of the Cases

Enlisted panels heard 6 cases, and a military judge alone heard 13. No officer panels appear. Members heard 32% of the cases, compared with 23% in all Army Article 128 cases. The accused usually chooses the forum.

Contested Cases and Plea Agreements

8 accused pleaded not guilty to at least one charge and 11 pleaded guilty. The contested share was 42%, compared with 37% for Army Article 128 cases overall.

All 11 guilty pleas are recorded with a plea agreement. The Army records show that an agreement existed, not its terms.

Other Charges in These Cases

Article 80 (attempt) was charged in 6 cases, Article 128b (domestic violence) in 5, Article 92 (orders violation) in 4, and Article 131b (obstruction) in 3. When an assault charge appears next to a domestic violence charge, both counts can describe parts of the same incident.

Rank of the Accused

13 accused were junior enlisted members (E-1 to E-4), 5 were NCOs (E-5 to E-9), and 1 was an officer or warrant officer. Junior enlisted members made up 56% of the accused in Army Article 128 cases overall, so this group is more junior.

Trial Years and the Rule Changes

The trials run from March 2021 to June 2026. 2022 and 2023 had 6 each. 2021 had 2, 2024 and 2025 had 1 each, and 2026 has 3 so far.

Assault under Article 128 is not a covered offense by itself. A special trial counsel who takes a covered offense, such as domestic violence, can also take related charges such as assault. Special trial counsel have made these decisions since December 28, 2023. The records give trial dates rather than offense dates, so they cannot show which cases fell under the new rules. They also leave out the evidence and nonjudicial punishment.

For what the offense covers and how it is defended, see Article 128 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. 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.