The Army Court-Martial Year, 2023
The Army records list 469 courts-martial in 2023. Article 128b (domestic violence) was charged in 21% of them, compared with 11% in the other services in 2023. 74% of convicted enlisted members received a punitive discharge, compared with 61% in the other services.
Understanding Trends in Military Practice · 6 min read
Short answer: The Army records list 469 courts-martial in 2023. Article 128b (domestic violence) was charged in 21% of them, compared with 11% in the other services in 2023. 74% of convicted enlisted members received a punitive discharge, compared with 61% in the other services.
Domestic Violence Was Charged More Often
Charges are listed for 462 of the 469 cases, and a case with several articles is counted under each. Article 128b (domestic violence) appeared in 21% of Army cases, compared with 11% in the other services in 2023. Article 120 (sexual assault) also appeared in 21%, compared with 12%.
Article 112a (drug) was less common than in the other services: 8% compared with 18%. Article 92 (orders violation) was also less common: 11% compared with 18%. Article 80 (attempts) appeared in 8% of Army cases, compared with 3%. Article 128 (assault) was the most common article, at 26%.
| UCMJ Article | Cases | Share here | Share, the other services in 2023 |
|---|---|---|---|
| Art. 128 Assault | 119 | 26% | 21% |
| Art. 134 General article | 110 | 24% | 21% |
| Art. 128b Domestic violence | 97 | 21% | 11% |
| Art. 120 Rape and sexual assault | 95 | 21% | 12% |
| Art. 92 Failure to obey order or regulation | 50 | 11% | 18% |
| Art. 112a Wrongful use, possession of controlled substances | 39 | 8% | 18% |
| Art. 80 Attempts | 38 | 8% | 3% |
| Art. 120b Rape and sexual assault of a child | 37 | 8% | 6% |
Most Soldiers Pleaded Guilty Under an Agreement
There were 322 guilty pleas and 147 contested cases. The contested share was 31%, compared with 41% in the other services in 2023. A contested case is one where the accused pleads not guilty to at least one charge.
Of the 322 guilty pleas, 310 are recorded with a plea agreement and 12 have no entry. The records note whether an agreement existed but not its terms. Cases charging Article 134 ended in a guilty plea 73% of the time (80 of 110). Cases charging Article 120 ended in a guilty plea 34% of the time (32 of 95).
Results in Contested Cases
39% of the 147 contested cases that reached a verdict ended in a full acquittal. The rate in the other services in 2023 was about the same, 41%. Army results list findings charge by charge, so many contested cases end in a partial acquittal: guilty of some charges and not guilty of others.
The conviction rate on the specific article charged differed by article. Article 128b cases most often ended in a conviction on that article (81 of 97, or 84%), and Article 120 cases least often (49 of 95, or 52%). One case can include convictions and acquittals on different articles, so the rows overlap.
| Article | Cases charging it | Convicted of it (share) | Median confinement when convicted of it |
|---|---|---|---|
| Art. 128 Assault | 119 | 92 (77%) | 4 months |
| Art. 134 General article | 110 | 86 (78%) | 1.3 years |
| Art. 128b Domestic violence | 97 | 81 (84%) | 8 months |
| Art. 120 Rape and sexual assault | 95 | 49 (52%) | 1.9 years |
Who Decided Guilt
A military judge alone decided guilt in 379 of 467 cases with the forum listed (81%). Members heard 88 cases, 75 by enlisted panels and 13 by officer panels. In contested cases, members heard 87 of 145 (60%).
145 contested cases reached a verdict with the forum listed. Members acquitted the accused of all charges 40% of the time. Military judges did so 36% of the time. The accused usually chooses the forum, so the 2 groups include different kinds of cases. The rates are not a direct comparison.
Sentence Lengths
Of 411 cases ending in a conviction on at least one charge, 345 included confinement (84%). The median confinement was 6 months, about the same as the 6 months median in the other services in 2023. 1 sentence was a life sentence. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.
Sentences longer than one year were more common than in the other services: 117 of 411 convictions (28%), compared with 23%. Sentences of 5 years or more made up 8% of Army convictions, compared with 4%. Among the top charges, the median confinement was 1.9 years for Article 120 convictions and 1.3 years for Article 134 convictions.
| Adjudged confinement | Convictions | Share here | Share, the other services in 2023 |
|---|---|---|---|
| No confinement | 66 | 16% | 17% |
| Under 6 months | 162 | 39% | 39% |
| 6 months to 1 year | 66 | 16% | 21% |
| More than 1 year, under 5 years | 86 | 21% | 20% |
| 5 years or more | 31 | 8% | 4% |
Most Cases Were General Courts-Martial
A general court-martial can impose any lawful sentence. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. In 2023, 338 of the 446 Army cases with a court level listed were general courts-martial (76%), compared with 51% in the other services in 2023. The court level is not listed for 23 cases.
At general courts-martial, the median confinement was 1 year, and 38% of cases were contested. At the 108 special courts-martial, the median was 2 months, and 13% were contested. The level is not listed for 23 cases.
Discharges and Dismissals
Among 380 enlisted members convicted, 282 received a bad-conduct or dishonorable discharge (74%). That is higher than in the other services in 2023 (61%). Of those, 86 were dishonorable. Among 31 convicted officers or warrant officers, 11 were dismissed. A sentence without a punitive discharge does not rule out administrative separation afterward.
Rank and Installations
The accused included 264 junior enlisted members (E-1 to E-4), 170 NCOs (E-5 to E-9), and 35 officers or warrant officers. This group was more senior than in the other services in 2023, where 64% were junior enlisted.
Fort Hood (44), Joint Base Lewis-McChord (36), Fort Bragg (33), Fort Bliss (29), and Fort Campbell (26) tried the most cases. Together they had 36% of the 469. The largest installations try more cases of every kind.
How 2023 Compared With 2022
The number of cases went from 493 to 469. The contested share went from 36% to 31%. Full acquittals were 66 of 175 in 2022 and 58 of 147 in 2023. The median confinement was 6 months in both years. The enlisted punitive discharge share went from 76% to 74%. A few cases can change numbers this size.
Only cases that reached a courtroom appear here. Nonjudicial punishment, administrative separation, and cases with no action are not included. The records do not describe the evidence or the plea terms.
| 2022 | 2023 | |
|---|---|---|
| Cases | 493 | 469 |
| Contested (of pleas recorded) | 36% | 31% |
| Full acquittals (decided contested) | 66 of 175 | 58 of 147 |
| Convictions with confinement | 84% | 84% |
| Median confinement | 6 months | 6 months |
| Punitive discharge (enlisted) | 76% | 74% |
| General courts-martial | 75% | 76% |
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Every Army court-martial in the data with a trial date in 2023 (469 cases), compared with the other services in 2023 and with 2022.
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
- Army Courts-Martial: Data and Trends (hub)
- By Year (hub)
- The Army Court-Martial Year, 2022 (previous / next)
- The Army Court-Martial Year, 2024 (previous / next)
- Army Courts-Martial in 2025: Year in Review
- How 2021 Went at Army Courts-Martial
- Air Force Courts-Martial in 2017: Year in Review
- 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.