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Fighting an Army General Article Charge: How Contested Cases Ended

From 2021–2025, 32 of 133 contested Army cases that included an Article 134 general article charge ended in a full acquittal (24%). The rate across all contested Army cases was 38%. A punitive discharge followed 67% of enlisted convictions, slightly higher than the 64% Army-wide.

Understanding Trends in Military Practice · 6 min read

Trends › By Offense › Article 134 › Fighting a Army General Article Charge:

Short answer: From 2021–2025, 32 of 133 contested Army cases that included an Article 134 general article charge ended in a full acquittal (24%). The rate across all contested Army cases was 38%. A punitive discharge followed 67% of enlisted convictions, slightly higher than the 64% Army-wide.

Based on 133 cases · 2021–2025 · Army records · data updated October 24, 2026

Fewer Full Acquittals Than Army-Wide

Article 134, the general article, covers a long list of offenses not spelled out elsewhere in the code. It also covers conduct that is prejudicial to good order or discrediting to the service. The Army records hold 133 contested courts-martial that included it from January 2021 through December 2025. There were 0 guilty pleas.

Of the 133 cases, 32 ended in a full acquittal (24%). Across all contested Army cases, the rate was 38%.

A partial acquittal was more common: 77 cases (58%). A partial acquittal means not guilty of at least one charge or specification and guilty of another. Army findings are listed charge by charge, so partial acquittals are common in Army records.

Members and Judges Acquitted at About the Same Rate

Contested cases decided by members ended in a full acquittal 23% of the time (15 of 64). Contested cases decided by a military judge alone ended in a full acquittal 22% of the time (15 of 67). These 131 cases are the contested cases that reached a verdict and have the forum listed.

The number of cases was also about the same for each forum. A judge alone decided 67 cases (51%). Members decided 64: 52 by enlisted panels and 12 by officer panels. The accused usually chooses who decides guilt.

Other Charges in the Same Cases

Article 134 was the only charge in 11 of 133 cases. Article 128 (assault) was charged with it in 58 cases and Article 120 (sexual assault) in 53. Article 92 (orders violation) was charged in 29, Article 128b (domestic violence) in 21, and Article 120b (child sexual abuse) in 17.

An adjudged sentence covers all the charges in a case. The confinement and discharge figures here therefore describe the whole case, not the general article charge alone.

Confinement After Conviction

Of 101 convictions, 80 included confinement. The median confinement was 1.6 years, about the same as the 1.5 years for all contested Army cases. A quarter of the sentences were 3.4 years or longer.

Sentences longer than one year were 49 of 101 convictions (49%), slightly more than the 44% Army-wide. Sentences of more than 1 year and under 5 years were 34% of convictions, compared with 28% in the comparison group. Sentences of 5 years or more were 15%, the same as the Army figure. 21% had no confinement, compared with 25%.

These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

Adjudged confinementConvictionsShare hereShare, all contested Army cases in those years
No confinement2121%25%
Under 6 months1717%22%
6 months to 1 year1414%9%
More than 1 year, under 5 years3434%28%
5 years or more1515%15%

General and Special Courts-Martial

General courts-martial tried 118 of these cases and special courts-martial tried 14. The court level is not listed for 1. The general court-martial share of 89% compares with 85% across contested Army cases.

At general courts-martial, 82% of convictions included confinement, and the median was 1.6 years. At special courts-martial, 60% did, and the median was 2 months.

A special court-martial can impose no more than one year of confinement and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

Discharges and Dismissals

Of 84 convicted enlisted members, 56 received a bad-conduct or dishonorable discharge (67%). Of those, 36 were dishonorable discharges. The Army-wide share was 64%.

Of 17 convicted officers or warrant officers, 10 were sentenced to dismissal, the officer equivalent of a punitive discharge. A member whose sentence had no punitive discharge could still receive a later administrative separation. These records do not cover administrative separations.

Rank, Years, and Installations

Of the accused with rank recorded, 49 were junior enlisted members (E-1 to E-4), 62 were NCOs (E-5 to E-9), and 21 were officers or warrant officers. That group is more senior than all contested Army cases, where 44% were junior enlisted.

The number of cases was lower each year: 39 in 2021, 33 in 2022, 30 in 2023, 21 in 2024, and 10 in 2025. The records do not explain the decrease.

Fort Bragg had 22 cases, Joint Base Lewis-McChord 15, Fort Hood 12, Wheeler Army Airfield 8, and Fort Carson 7. Together they had 48% of the total. Larger installations try more cases of all kinds.

Rule Changes and What the Records Do Not Show

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. For offenses after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records do not give offense dates, so trials from 2024 on include cases under both sets of rules.

The records show charges, pleas, findings, and sentences. They do not show which specific general article offense was charged in each case. 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 134 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

How We Counted

Army courts-martial tried 2021–2025: where the accused contested a charge under Article 134 (general article) (133 cases), compared with all contested Army cases in those years.

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.

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.

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