Army Courts-Martial With Article 128b and Article 131b, 2021–2026

Trends › By Offense › Article 128b › Army, with Article 131b

Based on 23 cases · 2021–2026 · Army records · data updated October 24, 2026

Contested at a Higher Rate

13 accused contested at least one charge, and 10 pleaded guilty. A contested case is one with a not-guilty plea or a mixed plea. The contested share, 57%, is higher than the 27% in Army Article 128b cases overall from 2021 to 2026.

8 of the 10 guilty pleas are recorded with a plea agreement, and 2 have no entry. The records show whether there was an agreement but not what it said.

Results of the Contested Cases

Of 13 contested cases with a verdict, 5 ended in a full acquittal (38%). In Army Article 128b cases overall, the full-acquittal rate was 33%. A full acquittal means not guilty of every charge.

7 contested cases (54%) ended in a partial acquittal. The accused in those cases was found not guilty of at least one charge or specification and guilty of another. Army results list findings charge by charge, which is why partial acquittals are common there.

Shorter Median Confinement

18 cases ended in a conviction on at least one charge. 14 of those sentences included confinement (78%). The median term was 4 months, compared with 6 months in Army Article 128b cases overall. A quarter of the terms were 1.5 years or longer.

The numbers are adjudged sentences, set at trial. They do not reflect any later plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case. Because obstruction and domestic violence are sentenced together, the records cannot show how much of a term relates to either article.

Almost All General Courts-Martial

21 of the 23 cases were general courts-martial and 2 were special courts-martial. The general share, 91%, is higher than the 70% for Army Article 128b cases overall.

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Discharges and Dismissals

Among 16 enlisted members convicted, 10 received a bad-conduct or dishonorable discharge (62%). In Army Article 128b cases overall, the share was 73%. 2 of the 10 were dishonorable.

2 convicted officers or warrant officers appear here, and both were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation, which these records do not track.

Who Decided Guilt

A military judge alone heard 17 cases. Enlisted panels heard 3, and officer panels heard 2. Members heard 23% of the cases, compared with 19% in Army Article 128b cases overall. Among contested cases, members heard 5 of 12 (42%).

In most cases the accused chooses whether a military judge alone or a panel of members decides guilt. Most judge-alone cases are guilty pleas.

Rank and Other Charges

Junior enlisted members (E-1 to E-4) and NCOs each made up 43% of the accused, and officers made up 13%. In Army Article 128b cases overall, junior enlisted members were 56%. By that measure, the accused in this group were more senior than in the wider group.

Every case paired Article 128b with at least one other charge. Elsewhere in the Army, 234 of 496 Article 128b cases had no other charge. Besides obstruction, the other charges here included Article 92 (orders violation) in 5 cases, Article 128 (assault) in 4, Article 90 (disobeying an officer) in 4, and Article 129 (burglary and unlawful entry) in 2.

Years and Installations

The cases run from May 2021 to May 2026. By year: 1 in 2021, 2 in 2022, 6 in 2023, 9 in 2024, 2 in 2025, and 3 in 2026, a partial year.

Fort Bliss had 4 cases. Fort Bragg, Joint Base Lewis-McChord, Fort Hood, and Fort Sill had 2 each. These five installations account for 52% of the cases. Larger installations try more cases of every kind.

Rule Changes and Limits

Article 128b is a covered offense, and it exists only for offenses on or after January 1, 2019. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. New sentencing parameters apply when every guilty finding is for an offense after December 27, 2023. The records give trial dates, not offense dates, so trials from 2024 on mix cases under old and new rules.

The records do not show the evidence, the plea terms, or conduct handled outside a court-martial. Army records in this data are sparse before 2021.

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.

Compare: federal court. 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.