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# Army Court-Martial Sentences Before and After the December 2023 Sentencing Changes
- URL: https://www.bodiesburied.com/trends/army-court-martial-sentences-before-and-after-the-2023-sentencing-reform/
- Published: 2026-10-30T05:31:10.000Z
- Updated: 2026-10-30T08:20:56.000Z
- Description: The median Army confinement was 6 months both in 2021–2023 and in 2024–2026, and 73% of convicted enlisted members received a punitive discharge in both periods.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Army

[Trends](https://www.bodiesburied.com/trends/) › [Law Changes](https://www.bodiesburied.com/trends/law-changes/) › Army Court-Martial Sentences Before and 

**Short answer:** The median Army confinement was 6 months both in 2021–2023 and in 2024–2026, and 73% of convicted enlisted members received a punitive discharge in both periods. The larger changes were in pleas and charges: contested cases fell from 34% to 21% of cases, and Article 128b (domestic violence) was charged in 25% of cases, compared with 13%.

Based on 1252 cases · 2024–2026 · Army records · data updated October 24, 2026

## Sentences Stayed Close to 2021–2023

1121 cases from 2024 to 2026 ended in a conviction on at least one charge, and 955 of those sentences included confinement (85%), compared with 83% before. The median confinement was 6 months in both periods. A quarter of the sentences were 2 years or longer, and 4 were life sentences.

The confinement bands were similar. Sentences under 6 months were 39% of convictions in both periods, and 6 months to 1 year was 17% in both. Sentences of 5 years or more were 9%, compared with 8%. No confinement was 15%, compared with 17%.

338 of the 1121 convictions (30%) carried more than one year, compared with 27% in 2021–2023\. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

| Adjudged confinement            | Convictions | Share here | Share, 2021–2023 |
| ------------------------------- | ----------- | ---------- | ---------------- |
| No confinement                  | 166         | 15%        | 17%              |
| Under 6 months                  | 432         | 39%        | 39%              |
| 6 months to 1 year              | 185         | 17%        | 17%              |
| More than 1 year, under 5 years | 235         | 21%        | 19%              |
| 5 years or more                 | 103         | 9%         | 8%               |

## The New Sentencing Rules and the Offense Date

For offenses committed after December 27, 2023, the military judge sets the sentence within new sentencing parameters when every guilty finding is for an offense after that date. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder.

The records give trial dates, not offense dates, so trials from 2024 on include cases sentenced under both systems. A change in the numbers in the same period as a law change does not show that the law caused it.

## A Lower Contested Share

1250 of the 1252 records list the plea. 987 were guilty pleas and 263 were contested, meaning a not-guilty or mixed plea. The contested share was 21%, compared with 34% in 2021–2023.

951 of the 987 guilty pleas are recorded with a plea agreement, and 36 have no entry. Army records say whether there was an agreement, not what it said.

|                                     | 2021–2023  | 2024–2026  |
| ----------------------------------- | ---------- | ---------- |
| Cases                               | 1498       | 1252       |
| Contested (of pleas recorded)       | 34%        | 21%        |
| Full acquittals (decided contested) | 191 of 512 | 102 of 253 |
| Convictions with confinement        | 83%        | 85%        |
| Median confinement                  | 6 months   | 6 months   |
| Punitive discharge (enlisted)       | 73%        | 73%        |
| General courts-martial              | 75%        | 69%        |

## Charges Before and After

The charge lists cover 1220 of the 1252 cases, and a case with several articles counts under each. Article 128b (domestic violence) was charged in 25% of cases, compared with 13% in 2021–2023\. Article 120 (sexual assault) was charged less often, 11% compared with 25%. Article 128 (assault) was also less common, 20% compared with 31%.

Article 134 most often ended in a conviction on that article (249 of 262), and Article 120 least often (77 of 136). A conviction under Article 120 had a median confinement of 2.3 years. The median was 1 year under Article 134, 6 months under Article 128, and 5 months under Article 128b.

| UCMJ Article                                                                                                                                  | Cases | Share here | Share, 2021–2023 |
| --------------------------------------------------------------------------------------------------------------------------------------------- | ----- | ---------- | ---------------- |
| [Art. 128b](https://www.ucmj-defender.com/ucmj/article-128b-domestic-violence/?ref=bodiesburied.com) Domestic violence                        | 306   | 25%        | 13%              |
| [Art. 134](https://www.ucmj-defender.com/practice-areas/court-martial/article-134/?ref=bodiesburied.com) General article                      | 262   | 21%        | 22%              |
| [Art. 128](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com) Assault                              | 242   | 20%        | 31%              |
| [Art. 120](https://www.ucmj-defender.com/ucmj/article-120-sexual-assault/?ref=bodiesburied.com) Rape and sexual assault                       | 136   | 11%        | 25%              |
| [Art. 92](https://www.ucmj-defender.com/practice-areas/court-martial/article-92/?ref=bodiesburied.com) Failure to obey order or regulation    | 124   | 10%        | 15%              |
| [Art. 120b](https://www.ucmj-defender.com/practice-areas/court-martial/article-120b/?ref=bodiesburied.com) Rape and sexual assault of a child | 101   | 8%         | 8%               |
| [Art. 80](https://www.ucmj-defender.com/practice-areas/court-martial/article-80/?ref=bodiesburied.com) Attempts                               | 95    | 8%         | 8%               |
| [Art. 121](https://www.ucmj-defender.com/practice-areas/court-martial/article-121/?ref=bodiesburied.com) Larceny                              | 83    | 7%         | 7%               |

## Conviction Rates for the Top 4 Charges

268 of 306 cases charging Article 128b (88%) and 205 of 242 charging Article 128 (85%) ended in a conviction on that article. A conviction on one article and an acquittal on another can happen in the same case, so the rows overlap. Article 134 cases ended in a guilty plea 86% of the time (226 of 262), and Article 120 cases 31% of the time (42 of 136).

| Article                          | Cases charging it | Convicted of it (share) | Median confinement when convicted of it |
| -------------------------------- | ----------------- | ----------------------- | --------------------------------------- |
| Art. 128b Domestic violence      | 306               | 268 (88%)               | 5 months                                |
| Art. 134 General article         | 262               | 249 (95%)               | 1 year                                  |
| Art. 128 Assault                 | 242               | 205 (85%)               | 6 months                                |
| Art. 120 Rape and sexual assault | 136               | 77 (57%)                | 2.3 years                               |

## Verdicts and Who Decided Them

Of 253 contested cases with a verdict, 102 ended in a full acquittal (40%), compared with 37% in 2021–2023\. 104 (41%) were partial acquittals, meaning 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.

Members returned a full acquittal in 68 of 153 contested cases (44%). Military judges alone did so in 18 of 84 (21%). The accused usually chooses the forum, so the groups are not alike. Members heard 13% of all cases, compared with 20% before.

## Discharges and Court Level

749 of 1025 convicted enlisted members received a bad-conduct or dishonorable discharge (73%), and 205 of those were dishonorable. 94 convicted officers or warrant officers appear, and 48 were dismissed.

The 847 general courts-martial had a median confinement of 1 year, and the 375 special courts-martial a median of 2 months. The general share was 69%, compared with 75% in 2021–2023\. The court level is not listed for 30 cases.

## Rank and Installations

666 accused were junior enlisted (E-1 to E-4), 477 were NCOs (E-5 to E-9), and 107 were officers or warrant officers. That mix is more senior than in 2021–2023, when 57% were junior enlisted. Fort Hood had the most cases (138), followed by Fort Campbell (87), Fort Bragg (85), Fort Bliss (84), and Joint Base Lewis-McChord (75).

## Limits

The records do not describe the evidence or the terms of plea agreements. Cases handled by nonjudicial punishment or administrative separation are not in them.

Dates and sources for the law changes mentioned here: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial tried 2021–2023 (1498) and 2024–2026 (1252).

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

- [Law Changes](https://www.bodiesburied.com/trends/law-changes/) (hub)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [Air Force Court-Martial Sentences Before and After the December 2023 Sentencing Changes](https://www.bodiesburied.com/trends/air-force-court-martial-sentences-before-and-after-the-2023-sentencing-reform/)
- [Air Force Courts-Martial Before and After the Military Justice Act of 2016](https://www.bodiesburied.com/trends/air-force-courts-martial-before-and-after-the-military-justice-act-of-2016/)
- [Navy and Marine Corps Courts-Martial Before and After the Military Justice Act of 2016](https://www.bodiesburied.com/trends/navy-marine-corps-courts-martial-before-and-after-the-military-justice-act-of-2016/)
- [Navy-Marine Corps Court-Martial Sentences Before and After the December 2023 Sentencing Changes](https://www.bodiesburied.com/trends/navy-marine-corps-court-martial-sentences-before-and-after-the-2023-sentencing-reform/)
- [Army Sexual Assault Cases Before and After the Office of Special Trial Counsel](https://www.bodiesburied.com/trends/army-article-120-cases-before-and-after-the-office-of-special-trial-counsel/)
- [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.