> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # Army Courts-Martial With Article 128 and Article 80, 2021–2026 - URL: https://www.bodiesburied.com/trends/army-article-128-and-article-80-charged-together/ - Published: 2026-10-30T05:27:29.000Z - Updated: 2026-11-03T01:46:03.000Z - Description: In 43 Army courts-martial from 2021 to 2026, assault under Article 128 was charged together with an attempt under Article 80. The median confinement was 3 years, compared with 6 months across all Army Article 128 cases. - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Article 128, Article 80, 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 80 **Short answer:** In 43 Army courts-martial from 2021 to 2026, assault under Article 128 was charged together with an attempt under Article 80\. The median confinement was 3 years, compared with 6 months across all Army Article 128 cases. 62% of convictions carried more than one year of confinement, compared with 27%. Based on 43 cases · 2021–2026 · Army records · data updated October 24, 2026 ## A Median of 3 Years 39 cases ended in a conviction on at least one charge, and 33 of those sentences included confinement (85%). The median confinement was 3 years. Across all Army Article 128 cases from 2021 to 2026, the median was 6 months. A quarter of the terms here were 10.8 years or longer, and 1 was a life sentence. These are adjudged sentences. They are the terms announced at trial, before any plea-agreement cap, clemency, or appeal. Each one covers every charge in the case, including the attempt charge and any others. ## Sentence Bands 24 of the 39 convictions (62%) carried more than one year of confinement. In all Army Article 128 cases, the share was 27%. Terms of 5 years or more made up 33% here, compared with 9%. Terms of more than 1 year but under 5 years made up 28%, compared with 18%. Short terms were uncommon. Only 2 convictions (5%) carried less than 6 months, compared with 42% in all Army Article 128 cases. Terms of 6 months to 1 year made up 18%, compared with 14%, and convictions with no confinement made up 15%, compared with 17%. | Adjudged confinement | Convictions | Share here | Share, Army Article 128 cases overall | | ------------------------------- | ----------- | ---------- | ------------------------------------- | | No confinement | 6 | 15% | 17% | | Under 6 months | 2 | 5% | 42% | | 6 months to 1 year | 7 | 18% | 14% | | More than 1 year, under 5 years | 11 | 28% | 18% | | 5 years or more | 13 | 33% | 9% | ## Nearly All General Courts-Martial Of the 43 cases, 40 were general courts-martial and 3 were special courts-martial. The general share, 93%, is higher than the 79% for all Army Article 128 cases. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. Only a general court-martial can adjudge more than one year of confinement. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. ## Most Cases Were Contested Contested cases made up 58% of those with a plea recorded: 25 not-guilty or mixed pleas and 18 guilty pleas. In all Army Article 128 cases, the contested share was 37%. Of the 18 guilty pleas, 15 are recorded with a plea agreement and 3 have no entry. Of 25 contested cases that reached a verdict, 4 ended in a full acquittal, meaning not guilty of all charges. That 16% rate is lower than the 30% in all Army Article 128 cases. 17 ended in a partial acquittal, with not-guilty findings on some charges and guilty findings on others. Army results list findings charge by charge, so partial acquittals are common. ## Forum Members heard 38% of the cases with the forum listed: 14 enlisted panels and 2 officer panels. A military judge alone decided the other 26\. Among contested cases, members heard 15 of 24 (62%). The accused usually chooses whether a military judge alone or a panel of members decides guilt. Most judge-alone cases are guilty pleas. ## Punitive Discharges Of 38 convicted enlisted members, 33 received a punitive discharge: 18 dishonorable and 15 bad-conduct. In all Army Article 128 cases, 70% of convicted enlisted members did. The 1 convicted officer or warrant officer in this group was dismissed. A sentence without a punitive discharge does not rule out an administrative separation later, and these records do not cover separations. ## Other Charges and Rank Article 120 (sexual assault) was charged in 18 of the 43 cases. Article 90 (disobeying an officer) appeared in 10, Article 134 (general article) in 9, and Article 92 (orders violation) in 7\. 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 58% of the accused, NCOs 40%, and officers 2%. In all Army Article 128 cases, junior enlisted members were 56%, so the rank mix is close to the wider group. ## Years and Installations The cases were tried from February 2021 through July 2026\. There were 21 in 2021, 6 in 2022, 7 in 2023, 5 in 2024, 1 in 2025, and 3 in 2026, a partial year. Fort Hood had 7 cases and Wheeler Army Airfield had 4\. Fort Campbell, Fort Carson, and Fort Bragg had 3 each. These five account for 47% of the cases, and larger installations try more cases of every kind. ## What Is Not in the Records The records give trial dates, not offense dates. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. Article 128 assault is not itself one, 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, so trials from 2024 on mix old-rule and new-rule cases. The evidence and the plea terms are not described. Nonjudicial punishment and administrative separations are not included, 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](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 80 (43 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 80 (Attempts): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-80-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/) - [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.