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# When Members (A Panel) Decided a Contested Army Article 128b Case, 2021–2025
- URL: https://www.bodiesburied.com/trends/army-article-128b-contested-members-2021-2025/
- Published: 2026-10-30T05:27:13.000Z
- Updated: 2026-10-30T08:16:43.000Z
- Description: Panels of members decided 83 contested Army Article 128b (domestic violence) cases from 2021–2025, and 32 of them ended in a full acquittal (39%). The full-acquittal rate in all contested Army Article 128b cases was 31%.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128b, Army

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 128b](https://www.bodiesburied.com/trends/article-128b-courts-martial/) › Decided by members

**Short answer:** Panels of members decided 83 contested Army Article 128b (domestic violence) cases from 2021–2025, and 32 of them ended in a full acquittal (39%). The full-acquittal rate in all contested Army Article 128b cases was 31%. Among the 51 convictions, the median confinement was 8 months, compared with 9 months in all contested Army Article 128b cases.

Based on 83 cases · 2021–2025 · Army records · data updated October 24, 2026

## Verdicts Before a Panel

Each of the 83 cases was contested, meaning the accused pleaded not guilty to at least one charge. None of the accused pleaded guilty. 32 of the 83 contested cases that reached a verdict ended in a full acquittal (39%), higher than the 31% in all contested Army Article 128b cases.

42 more cases (51%) ended in a partial acquittal: not guilty of at least one charge or specification but guilty of another. Army results list findings charge by charge, so partial acquittals are common in Army records.

## Enlisted and Officer Panels

Enlisted panels decided 65 of the cases, and officer panels decided 18\. The accused usually chooses whether a military judge alone or a panel of members decides guilt.

That choice shapes which cases go to a panel. The acquittal rate and sentences here describe panel trials. They cannot show whether the panel itself made a difference.

## Confinement After Conviction

51 cases ended in a conviction on at least one charge. Confinement was part of 73% of those sentences. The median confinement was 8 months, compared with 9 months in all contested Army Article 128b cases. A quarter of those sentences were 3 years or longer, and 1 was a life sentence.

Sentences here are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each one covers every charge in the case, which matters because most cases here included other charges.

## Fewer Sentences Over One Year

14 of 51 convictions (27%) included more than one year of confinement, less often than the 31% in all contested Army Article 128b cases. Sentences of more than 1 year and under 5 years made up 14%, compared with 19%. Sentences of 5 years or more also made up 14%, compared with 12%.

Shorter outcomes were close to the comparison group. 14 convictions carried no confinement (27%, compared with 26%), and sentences under 6 months made up 33%, compared with 32%.

| Adjudged confinement            | Convictions | Share here | Share, all contested Army Article 128b cases |
| ------------------------------- | ----------- | ---------- | -------------------------------------------- |
| No confinement                  | 14          | 27%        | 26%                                          |
| Under 6 months                  | 17          | 33%        | 32%                                          |
| 6 months to 1 year              | 6           | 12%        | 11%                                          |
| More than 1 year, under 5 years | 7           | 14%        | 19%                                          |
| 5 years or more                 | 7           | 14%        | 12%                                          |

## Discharges for the Convicted

24 of 43 convicted enlisted members received a punitive discharge, made up of 15 bad-conduct discharges and 9 dishonorable discharges. In all contested Army Article 128b cases, the share was 61%.

8 convicted officers or warrant officers appear in these cases, and 2 were dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

## Charges Paired With Domestic Violence

25 of the 83 cases charged Article 128b by itself, compared with 33 of 122 across all contested Army Article 128b cases. Article 128 (assault) was the most common added charge, in 23 cases. Article 120 (sexual assault) appeared in 19, Article 134 (the general article) and Article 115 (communicating threats) in 14 each, and Article 119b (child endangerment) in 13.

## Rank and Court Level

The accused were 39 NCOs, 30 junior enlisted members, and 14 officers. The group is similar to all contested Army Article 128b cases.

General courts-martial heard 74 of the 83 cases (89%), and special courts-martial heard the rest. A general court-martial can impose long confinement and a dishonorable discharge. A special court-martial caps confinement at one year.

## Years and Installations

The cases run from October 2021 to December 2025\. There were 2 in 2021, 15 in 2022, 25 in 2023, 26 in 2024, and 15 in 2025\. Article 128b exists only for offenses on or after January 1, 2019, so earlier conduct was charged under other articles.

Fort Bragg had 9 cases, Camp Humphreys and Joint Base Lewis-McChord 7 each, Fort Bliss 6, and Wheeler Army Airfield 5\. Those five account for 41% of the 83 cases. Larger installations try more cases of every kind, so a count is not a measure of domestic violence at any base.

## Law Changes and Record Limits

Domestic violence under Article 128b is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records give only trial dates, so trials from 2024 on include cases under both sets of rules.

Trial records show the charges, pleas, findings, and sentence. They do not show the evidence, the plea terms, or conduct handled outside a court-martial.

For what the offense covers and how it is defended, see [Article 128b on the law firm's website](https://www.ucmj-defender.com/ucmj/article-128b-domestic-violence/?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 2021–2025 that charged Article 128b, had a not-guilty or mixed plea and a result posted, and record members (a panel) as deciding guilt (83 cases), compared with all 122 such contested Army Article 128b cases. The accused usually chooses the forum, so the two groups are not alike.

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 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128b-courts-martial/) (hub)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [Sentences](https://www.bodiesburied.com/trends/sentences/) (hub)
- [When A Military Judge Alone Decided a Contested Army Article 128b Case, 2021–2025](https://www.bodiesburied.com/trends/army-article-128b-contested-judge-alone-2021-2025/)
- [Army Article 107 Trials Before Members (A Panel): Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-107-contested-members-2021-2025/)
- [Army Article 107 Trials Before a Military Judge Alone: Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-107-contested-judge-alone-2021-2025/)
- [Army Article 115 Trials Before a Military Judge Alone: Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-115-contested-judge-alone-2021-2025/)
- [Army Article 119b Trials Before Members (A Panel): Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-119b-contested-members-2021-2025/)
- [Army Article 128 Trials Before a Military Judge Alone: Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-128-contested-judge-alone-2021-2025/)
- [Army Article 80 Trials Before Members (A Panel): Verdicts and Sentences](https://www.bodiesburied.com/trends/army-article-80-contested-members-2021-2025/)
- [Article 128b explained on the law firm's website](https://www.ucmj-defender.com/ucmj/article-128b-domestic-violence/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/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](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.