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# Army Cases Charging Both Article 128 and Article 134
- URL: https://www.bodiesburied.com/trends/army-article-128-and-article-134-charged-together/
- Published: 2026-10-30T05:27:17.000Z
- Updated: 2026-11-03T01:46:06.000Z
- Description: Army courts-martial charged assault under Article 128 together with the general article, Article 134, in 128 cases from 2021 to 2026. The median confinement was 9 months, compared with 6 months in all Army Article 128 cases.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128, Article 134, 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 134

**Short answer:** Army courts-martial charged assault under Article 128 together with the general article, Article 134, in 128 cases from 2021 to 2026\. The median confinement was 9 months, compared with 6 months in all Army Article 128 cases. 22% of contested cases that reached a verdict ended in a full acquittal, compared with 30%.

Based on 128 cases · 2021–2026 · Army records · data updated October 24, 2026

## Who Decided Guilt in Contested Cases

The records list the forum for 58 contested cases that reached a verdict. When members decided guilt, 10 of 32 cases (31%) ended in a full acquittal. When a military judge alone decided, 2 of 26 (8%) did. In this group, members acquitted more often than judges.

These groups of cases are not alike. In most cases the accused chooses whether a military judge alone or a panel of members decides guilt, and the records do not show the reasons. Among contested cases, members heard 32 of 58 (55%).

## Acquittals and Partial Acquittals

Of the 59 contested cases that reached a verdict, 22% ended in a full acquittal, meaning not guilty of all charges. In all Army Article 128 cases from 2021 to 2026, the rate was 30%.

42 more contested cases ended in a partial acquittal, with a finding of not guilty on at least one charge or specification and guilty on another. Army results list findings charge by charge, so partial acquittals are common in Army records.

## Pleas and the Forum Overall

69 accused pleaded guilty and 59 contested at least one charge, through a not-guilty plea or a mixed plea. The contested share of 46% is higher than the 37% for all Army Article 128 cases. 65 of the 69 guilty pleas are recorded with a plea agreement, and 4 have no entry; the records do not give the terms.

Of the cases with the forum listed, 26% went to members: 30 enlisted panels and 3 officer panels. A military judge alone decided the other 94\. Most judge-alone cases are guilty pleas.

## Confinement

There were 115 convictions, and 96 included confinement. The median term was 9 months. In all Army Article 128 cases, it was 6 months. A quarter of the terms here were 2.7 years or longer.

42 of the 115 convictions (37%) carried more than one year, compared with 27% in the wider group. The band of more than 1 year but under 5 years made up 27%, compared with 18%. Terms under 6 months made up 35%, compared with 42%. Convictions with no confinement made up 17% in both groups.

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

| Adjudged confinement            | Convictions | Share here | Share, all Army Article 128 cases in 2021–2026 |
| ------------------------------- | ----------- | ---------- | ---------------------------------------------- |
| No confinement                  | 19          | 17%        | 17%                                            |
| Under 6 months                  | 40          | 35%        | 42%                                            |
| 6 months to 1 year              | 14          | 12%        | 14%                                            |
| More than 1 year, under 5 years | 31          | 27%        | 18%                                            |
| 5 years or more                 | 11          | 10%        | 9%                                             |

## General and Special Courts-Martial

The records show 99 general courts-martial and 25 special courts-martial; the level is not listed for 4 cases. The general share, 80%, is about the same as the 79% in all Army Article 128 cases.

At the general level, the median confinement was 1.4 years and 54% of cases were contested. At the special level, the median was 4 months and 20% were contested. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

## Discharges After Conviction

Of 107 convicted enlisted members, 66 received a punitive discharge: 40 bad-conduct and 26 dishonorable. In all Army Article 128 cases, 70% of convicted enlisted members received one.

8 convicted officers or warrant officers appear in these records, and 4 were dismissed. A sentence with no punitive discharge does not rule out a later administrative separation.

## Rank and Companion Charges

Among the accused with rank recorded, 57 were junior enlisted members, 61 were NCOs, and 9 were officers. This group is more senior than all Army Article 128 cases.

None of the 128 cases charged Article 128 by itself. In the rest of the Army, 192 of 697 Article 128 cases had no other charge. Besides Article 134, Article 120 (sexual assault) was charged in 40 cases, Article 92 (orders violation) in 24, Article 90 (disobeying an officer) in 21, and Article 128b (domestic violence) in 18\. An assault count charged next to sexual assault or domestic violence can describe part of the same incident.

## Years and Installations

The cases run from January 2021 to June 2026\. There were 47 in 2021, 24 in 2022, 23 in 2023, 22 in 2024, 9 in 2025, and 3 in 2026, a partial year.

Fort Bragg had 16 cases, Joint Base Lewis-McChord 12, Fort Campbell 11, Fort Hood 9, and Fort Bliss 8\. These five account for 44% of the 128 cases. Larger installations try more cases of every kind.

## Limits of These Records

The records give trial dates, not offense dates. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses, and new sentencing parameters apply when every guilty finding is for an offense after December 27, 2023\. Article 128 assault is not itself a covered offense. Trials from 2024 on mix cases under old and new rules.

The evidence, the plea terms, nonjudicial punishment, and administrative separations are not in these records. 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 134 (128 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 134 (General Article): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-134-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 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 128b in the Army: What the Records Show](https://www.bodiesburied.com/trends/army-article-128-and-article-128b-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)

**Compare: federal court.** [Aggravated Assault: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-army/)

**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.