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# Army Cases Charging Both Article 128 and Article 90
- URL: https://www.bodiesburied.com/trends/army-article-128-and-article-90-charged-together/
- Published: 2026-10-30T05:27:22.000Z
- Updated: 2026-11-03T01:46:04.000Z
- Description: Between 2021 and 2026, 62 Army courts-martial charged assault under Article 128 together with disobeying a superior commissioned officer under Article 90.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128, Article 90, 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 90

**Short answer:** Between 2021 and 2026, 62 Army courts-martial charged assault under Article 128 together with disobeying a superior commissioned officer under Article 90\. Only 1 of the 23 contested cases that reached a verdict ended in a full acquittal (4%), compared with 30% in Army Article 128 cases overall. The median confinement was 1 year, compared with 6 months.

Based on 62 cases · 2021–2026 · Army records · data updated October 24, 2026

## Full Acquittal in 1 of 23 Contested Cases

23 cases were contested, meaning the accused pleaded not guilty to at least one charge. Of those 23, 1 ended in a full acquittal (4%). The rate for Army Article 128 cases overall from 2021 to 2026 was 30%.

20 of the 23 (87%) ended in a partial acquittal. In a partial acquittal, the accused is found not guilty of at least one charge or specification and guilty of another. Army results list findings charge by charge, and partial acquittals are common in Army records for that reason.

## Pleas Matched the Wider Group

39 accused pleaded guilty and 23 contested. The contested share was 37%, the same as the 37% for Army Article 128 cases overall.

36 of the 39 guilty pleas are recorded with a plea agreement, and 3 have no entry. The records show that an agreement existed, not its terms.

## Sentences of a Year or More

Of 61 convictions, 56 carried confinement. The median was 1 year, compared with 6 months for Army Article 128 cases overall. A quarter of the terms were 3 years or longer.

27 of the 61 convictions (44%) carried more than one year. In Army Article 128 cases overall, the share was 27%. Most of these fell in the band of more than 1 year but under 5 years: 33% of convictions, compared with 18%. Terms of 5 years or more made up 11%, compared with 9%.

Fewer convictions had no confinement: 8%, compared with 17%. Terms under 6 months made up 30%, compared with 42%. Each number is an adjudged sentence covering every charge, before any plea-agreement cap, clemency, or appeal.

| Adjudged confinement            | Convictions | Share here | Share, Army-wide Article 128 cases |
| ------------------------------- | ----------- | ---------- | ---------------------------------- |
| No confinement                  | 5           | 8%         | 17%                                |
| Under 6 months                  | 18          | 30%        | 42%                                |
| 6 months to 1 year              | 11          | 18%        | 14%                                |
| More than 1 year, under 5 years | 20          | 33%        | 18%                                |
| 5 years or more                 | 7           | 11%        | 9%                                 |

## General and Special Courts-Martial

The 62 cases include 43 general courts-martial and 18 special courts-martial; 1 case has no level listed. The general share, 70%, is lower than the 79% for Army Article 128 cases overall.

The 43 general courts-martial had a median confinement of 1.5 years, and 42% were contested. The 18 special courts-martial had a median of 5 months, and 28% were contested. Confinement above one year is possible only at a general court-martial.

## Members Heard Most Contested Cases

Among the 23 contested cases, members heard 17 (74%). Across all cases, a military judge alone decided guilt in 45, enlisted panels heard 14, and officer panels heard 3\. Members heard 27% of cases, compared with 23% in Army Article 128 cases overall.

The accused usually chooses between a military judge alone and a panel of members. Most guilty pleas go to a military judge alone.

## Punitive Discharges and Dismissals

Of 57 convicted enlisted members, 45 received a punitive discharge: 33 bad-conduct and 12 dishonorable. In Army Article 128 cases overall, the share was 70%.

There were 4 convicted officers or warrant officers, and 2 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

## Rank and Other Charges

By rank, 45 accused were junior enlisted members (E-1 to E-4), 13 were NCOs (E-5 to E-9), and 4 were officers or warrant officers. In Army Article 128 cases overall, 56% of the accused were junior enlisted, so this group is more junior.

Every case charged Article 128 with at least one other article. Elsewhere in the Army, 192 of 697 Article 128 cases had no other charge. Besides Article 90, the most common were Article 134 (general article) in 21 cases, Article 115 (communicating threats) in 13, Article 120 (sexual assault) in 11, and Article 80 (attempt) in 10.

## Years and Installations

Trials ran from January 2021 to April 2026: 21 in 2021, 11 in 2022, 9 in 2023, 8 in 2024, 10 in 2025, and 3 in 2026, a partial year.

Fort Bragg had 9 cases, Fort Campbell 7, Fort Bliss 6, Fort Hood 6, and Vilseck (Europe) 4\. These five installations account for 52% of the 62 cases. Larger installations try more cases of every kind.

## Rules and Missing Details

Because the records list when a trial happened and not when the offense happened, trials from 2024 on cannot be sorted into old-rule and new-rule cases. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses, and new sentencing parameters cover cases where every guilty finding is for an offense after December 27, 2023\. Article 128 assault is not itself a covered offense.

The records also omit the evidence, plea terms, 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 90 (62 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 90 (Willfully Disobeying Superior Officer): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-90-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 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.