Article 128 With Article 131b in the Army: What the Records Show

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Based on 34 cases · 2021–2026 · Army records · data updated October 24, 2026

Confinement Was Longer

The 34 cases produced 30 convictions, and 26 of them included confinement. The median term was 1.3 years. Across all Army Article 128 cases from 2021 to 2026, the median was 6 months. A quarter of the terms here were 3.1 years or longer.

13 of the 30 convictions (43%) carried more than one year of confinement, compared with 27% in the wider group. Terms of more than 1 year but under 5 years made up 30%, compared with 18%, and terms of 5 years or more made up 13%, compared with 9%.

Shorter terms were less common. Terms under 6 months made up 27% of convictions here and 42% in all Army Article 128 cases.

How These Sentences Are Counted

The figures are adjudged sentences: what the court announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case. Obstruction, assault, and any other charges are sentenced together, so the records cannot assign part of a term to any one article.

Only a general court-martial can adjudge more than one year of confinement. General courts-martial heard 26 of the 32 cases with a court level listed (81%), about the same as the 79% in all Army Article 128 cases. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Pleas and Verdicts

18 accused pleaded guilty and 16 contested at least one charge. The contested share was 47%, higher than the 37% for all Army Article 128 cases. All 18 guilty pleas are recorded with a plea agreement. The records do not give the agreement terms.

Of the 16 contested cases with a verdict, 4 ended in a full acquittal (25%), lower than the 30% in all Army Article 128 cases. 11 (69%) 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, which is why partial acquittals are common.

Members Heard 33% of the Cases

A military judge alone decided guilt in 22 cases. Enlisted panels heard 8 and officer panels heard 3. Members heard 33% of the cases, compared with 23% in all Army Article 128 cases.

Among the 15 contested cases with the forum listed, members heard 11 (73%). The accused usually chooses the forum, and most judge-alone cases are guilty pleas.

Discharges and Dismissals

Among 26 convicted enlisted members, 15 received a bad-conduct or dishonorable discharge (58%). That is less often than in all Army Article 128 cases (70%). 7 of the 15 were dishonorable.

4 convicted officers or warrant officers appear here, and all 4 were dismissed. A dismissal is the officer form of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Rank of the Accused

Junior enlisted members (E-1 to E-4) made up 50% of the accused. NCOs made up 38%, and officers 12%. In all Army Article 128 cases, junior enlisted members were 56%.

Other Charges in the Same Cases

No case charged Article 128 alone. Besides obstruction, the most common other charges were Article 134 (general article) in 11 cases, Article 120 (sexual assault) in 9, Article 90 (disobeying an officer) in 7, and Article 92 (orders violation) in 6.

When assault is charged with sexual assault or domestic violence, the assault count can describe part of the same incident. The records list charges, not the facts behind them.

Years and Installations

The cases were tried from January 2021 through June 2026. By year: 11 in 2021, 7 in 2022, 3 in 2023, 7 in 2024, 1 in 2025, and 5 in 2026, a partial year.

Kaiserslautern (Europe) had 4 cases. Wheeler Army Airfield, Joint Base Lewis-McChord, and Fort Riley had 3 each, and Fort Knox had 2. These five account for 44% of the cases. Larger installations try more cases of every kind.

Limits of the Data

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. 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 list trial dates, not offense dates, so trials from 2024 on mix old-rule and new-rule cases.

The records do not describe the evidence or the plea terms. Nonjudicial punishment and administrative separations are outside them, and 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. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Aggravated Assault: Federal Sentences vs. Army Courts-Martial · Obstruction of Justice: 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.