Army Article 128b Cases in 2022
In Army domestic violence cases in 2022, the median confinement was 8 months, higher than the 6 months for all Army cases in 2022. In 62 courts-martial charging Article 128b, 4 of 21 contested cases that reached a verdict ended in a full acquittal (19%), compared with 38% Army-wide.
Understanding Trends in Military Practice · 6 min read
Trends › By Offense › Article 128b › Army, 2022
Short answer: In Army domestic violence cases in 2022, the median confinement was 8 months, higher than the 6 months for all Army cases in 2022. In 62 courts-martial charging Article 128b, 4 of 21 contested cases that reached a verdict ended in a full acquittal (19%), compared with 38% Army-wide.
Most Contested Cases Ended in a Partial Acquittal
All 21 contested cases reached a verdict. 4 ended in a full acquittal, meaning not guilty of every charge. 17 (81%) ended in a partial acquittal: not guilty of at least one charge or specification, but guilty of another. The Army lists findings charge by charge, which is why partial acquittals are common.
The full-acquittal rate was 19%, lower than the 38% for the Army as a whole that year.
Confinement Higher Than the Army Median
58 cases ended in a conviction on at least one charge, and 50 of those sentences included confinement (86%). The median confinement was 8 months. A quarter of the sentences were 1.8 years or longer.
17 of 58 convictions (29%) were sentenced to more than one year, about the same as the 27% Army-wide. 11 convictions (19%) were sentenced to 6 months to 1 year, and 3 to 5 years or more. These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal, and they include every charge in the case.
| Adjudged confinement | Convictions | Share here | Share, all Army cases in 2022 |
|---|---|---|---|
| No confinement | 8 | 14% | 16% |
| Under 6 months | 22 | 38% | 41% |
| 6 months to 1 year | 11 | 19% | 16% |
| More than 1 year, under 5 years | 14 | 24% | 20% |
| 5 years or more | 3 | 5% | 7% |
More Cases Than in 2021
The records show 31 cases in 2021 and 62 in 2022. The contested share went from 16% to 34%. The median confinement went from 4 months to 8 months. Full acquittals went from 1 of 5 to 4 of 21. Punitive discharges for convicted enlisted members went from 72% to 75%.
In small groups, a few cases can change a percentage, so these changes show direction, not precision. Article 128b covers only offenses on or after January 1, 2019. Earlier conduct was charged under other articles.
| 2021 | 2022 | |
|---|---|---|
| Cases | 31 | 62 |
| Contested (of pleas recorded) | 16% | 34% |
| Full acquittals (decided contested) | 1 of 5 | 4 of 21 |
| Convictions with confinement | 87% | 86% |
| Median confinement | 4 months | 8 months |
| Punitive discharge (enlisted) | 72% | 75% |
| General courts-martial | 84% | 81% |
Pleas and Plea Agreements
41 accused pleaded guilty, and 21 contested at least one charge. The contested share was 34%, about the same as the 36% across the Army. 35 of the 41 guilty pleas are recorded with a plea agreement, and 6 have no entry. The records show whether an agreement existed, not what it said.
A contested case is one in which the accused pleads not guilty to at least one charge, by a not-guilty plea or a mixed plea. An acquittal is possible only in a contested case, so the acquittal figures above are based on 21 cases, not all 62.
Members Decided Most Contested Cases
The accused usually chooses whether a military judge alone or a panel of members decides guilt. Members heard 15 of the 21 contested cases (71%). Of all cases with the forum listed, 26% went to members: 15 enlisted panels and 1 officer panel. The other 46 were judge alone, and most of those were guilty pleas.
Guilty pleas are usually heard by a military judge alone, so the forum split mostly follows the number of guilty pleas. The records do not explain individual choices.
General and Special Courts-Martial
A general court-martial can adjudge any lawful sentence, including more than one year of confinement and a dishonorable discharge. A special court-martial is limited to one year and to a bad-conduct discharge. 50 of the 62 cases were general courts-martial (81%, compared with 75% Army-wide), and 12 were special courts-martial.
At general courts-martial, the median confinement was 9 months, and 38% of cases were contested. At special courts-martial, the median was 2 months, and 17% were contested.
Discharges After Conviction
42 of 56 convicted enlisted members received a punitive discharge (75%): 32 bad-conduct and 10 dishonorable. The Army-wide share was 76%. 2 officers or warrant officers were convicted, and neither was dismissed.
A punitive discharge is imposed as part of the court-martial sentence. A sentence without one does not rule out a later administrative separation, which these records do not show.
Who Was Charged, With What, and Where
The accused included 38 junior enlisted members (E-1 to E-4), 22 NCOs (E-5 to E-9), and 2 officers or warrant officers. That mix is more junior than all Army cases in 2022, where junior enlisted members were 57% of the accused.
Article 128b was the only charge in 14 of 62 cases. Article 128 (assault) was also charged in 24, Article 134 (general article) in 13, Article 115 (communicating threats) in 12, Article 92 (orders violation) in 10, and Article 109 (property damage) in 9.
Joint Base Lewis-McChord tried 12 cases, Fort Bragg 10, Fort Bliss and Vilseck (Europe) 7 each, and Camp Humphreys 6. Together they account for 68% of the 62 cases. Larger installations try more cases of every kind.
What the Records Do Not Show
The records list trial dates, not offense dates. They do not show the evidence or the plea terms. Domestic violence handled by nonjudicial punishment or administrative separation instead of a court-martial does not appear.
For what the offense covers and how it is defended, see Article 128b on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.
How We Counted
Army courts-martial with a trial date in 2022 that charged Article 128b (62 cases), compared with all Army cases that year and with 2021.
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Article 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends (hub)
- By Year (hub)
- Domestic Violence at Army Courts-Martial, 2021: The Year in Numbers (previous / next)
- How Army Domestic Violence Cases Ended in 2023 (previous / next)
- Is Army Domestic Violence Prosecution Rising or Falling? Article 128b, 2021–2025 (the full trend)
- Domestic Violence at Army Courts-Martial, 2025: The Year in Numbers
- How Army Domestic Violence Cases Ended in 2024
- What Sentence Follows an Army Domestic Violence Conviction?
- Article 128b explained on the law firm's website
- Search every case in Military Trial Results (members)
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.