Army Courts-Martial, January 2023: The Month in Review
Only 1 of 13 contested cases that reached a verdict ended in a full acquittal among the Army's 36 courts-martial in January 2023. That is 8%, compared with 39% for the Army across 2023. The median confinement was 11 months, compared with 6 months for the year.
Understanding Trends in Military Practice · 6 min read
Trends › By Year › January 2023
Short answer: Only 1 of 13 contested cases that reached a verdict ended in a full acquittal among the Army's 36 courts-martial in January 2023. That is 8%, compared with 39% for the Army across 2023. The median confinement was 11 months, compared with 6 months for the year.
Few Full Acquittals
The month had 13 contested cases that reached a verdict. A contested case is one where the accused pleaded not guilty to at least one charge. Only 1 ended in a full acquittal (8%), compared with 39% for the Army in 2023.
Partial acquittals were more common. 6 cases (46%) ended with a not-guilty finding on at least one charge or specification and a guilty finding on another. Army results give findings charge by charge, so partial acquittals are recorded. 35 of the 36 cases ended in a conviction on at least one charge.
Confinement and Court Level
Of 35 convictions, 28 included confinement (80%). The median confinement was 11 months, and a quarter of sentences were 1.8 years or longer.
Sentences differed by court level. The median confinement was 1.5 years at general courts-martial (24 cases). It was 45 days at special courts-martial (11 cases), which are capped at one year. The court level is not listed for 1 case. The contested share was 42% at general courts-martial and 27% at special courts-martial.
13 of 35 convictions (37%) included more than one year of confinement, compared with 28% for 2023. 4 convictions (11%) were 5 years or more, compared with 8%. 7 (20%) included no confinement, compared with 16%. These are adjudged sentences for all charges, before any plea-agreement cap, clemency, or appeal.
| Adjudged confinement | Convictions | Share here | Share, the Army for all of 2023 |
|---|---|---|---|
| No confinement | 7 | 20% | 16% |
| Under 6 months | 11 | 31% | 39% |
| 6 months to 1 year | 4 | 11% | 16% |
| More than 1 year, under 5 years | 9 | 26% | 21% |
| 5 years or more | 4 | 11% | 8% |
General Article and Assault Charges
All 36 records list charges, with each article counted once per case. Article 134 (general article) appeared in 14 cases (39%), compared with 24% for the year. Article 128 (assault) appeared in 13 (36%), compared with 26%.
Article 120 (rape and sexual assault) appeared in 22%, about the same as its 21% share for 2023. Article 120b (rape and sexual assault of a child) appeared in 14% of cases, compared with 8%. Article 128b (domestic violence) appeared in 19%, compared with 21%.
| UCMJ Article | Cases | Share here | Share, the Army for all of 2023 |
|---|---|---|---|
| Art. 134 General article | 14 | 39% | 24% |
| Art. 128 Assault | 13 | 36% | 26% |
| Art. 120 Rape and sexual assault | 8 | 22% | 21% |
| Art. 128b Domestic violence | 7 | 19% | 21% |
| Art. 120b Rape and sexual assault of a child | 5 | 14% | 8% |
| Art. 92 Failure to obey order or regulation | 4 | 11% | 11% |
| Art. 121 Larceny | 3 | 8% | 5% |
| Art. 80 Attempts | 3 | 8% | 8% |
Results for the Top Charges
Article 134 cases ended in a conviction on that article in 11 of 14 cases (79%). Article 128 cases did so in 10 of 13 (77%). Each had a median confinement of 7 months. Article 120 cases ended in a conviction on that article in 6 of 8 cases, with a median of 2.9 years.
Cases charging Article 134 ended in a guilty plea 71% of the time (10 of 14). Cases charging Article 128 did so 69% of the time (9 of 13). The records do not explain plea choices. Rows overlap when one case charges several articles.
| Article | Cases charging it | Convicted of it (share) | Median confinement when convicted of it |
|---|---|---|---|
| Art. 134 General article | 14 | 11 (79%) | 7 months |
| Art. 128 Assault | 13 | 10 (77%) | 7 months |
| Art. 120 Rape and sexual assault | 8 | 6 (6 of 8) | 2.9 years |
Pleas and Agreements
There were 23 guilty pleas and 13 contested cases. The contested share was 36%, compared with 31% for the year. All 23 guilty pleas are recorded with a plea agreement. Army records show that an agreement existed but not its contents.
Punitive Discharges, Dismissals, and Rank
A punitive discharge followed 75% of enlisted convictions, about the same as the 74% for the year: 14 bad-conduct and 10 dishonorable. The month also had 3 convicted officers or warrant officers, and 2 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.
The accused were 23 junior enlisted members, 10 NCOs, and 3 officers. This group was more junior than the Army over 2023. General courts-martial made up 24 of the 35 cases with a court level listed (69%).
Who Decided Guilt, and Installations
Members decided 20% of cases with a forum listed: 6 enlisted panels and 1 officer panel. A military judge alone decided the other 28. Among contested cases, members heard 7 of 12 (58%). The accused usually chooses the forum.
Fort Leavenworth, Fort Hood, and Joint Base Lewis-McChord tried 3 cases each, and Fort Benning and Camp Humphreys 2 each. Together they had 36% of the month's cases. Larger installations try more cases of every kind.
Compared With January 2022, and What the Records Do Not Show
January 2022 had 35 cases. Full acquittals in contested cases that reached a verdict went from 5 of 14 to 1 of 13. The median confinement went from 9 months to 11 months. The contested share went from 40% to 36%. Punitive discharges for enlisted members went from 83% to 75%. The general court-martial share went from 77% to 69%. Monthly groups are small, so a few cases can change these figures.
The records include only cases that went to a courtroom. They do not include nonjudicial punishment or administrative separations, and they do not describe the evidence or plea terms.
| January 2022 | January 2023 | |
|---|---|---|
| Cases | 35 | 36 |
| Contested (of pleas recorded) | 40% | 36% |
| Full acquittals (decided contested) | 5 of 14 | 1 of 13 |
| Convictions with confinement | 87% | 80% |
| Median confinement | 9 months | 11 months |
| Punitive discharge (enlisted) | 83% | 75% |
| General courts-martial | 77% | 69% |
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Army courts-martial with a trial date in January 2023 (36 cases), compared with the whole year.
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)
- What the Army Tried in December 2022 (previous / next)
- What the Army Tried in February 2023 (previous / next)
- The Army Court-Martial Year, 2023 (the whole year)
- April 2023 at Army Courts-Martial: 49 Cases
- April 2024 at Army Courts-Martial: 46 Cases
- Army Courts-Martial, August 2025: The Month in Review
- Army Courts-Martial, December 2024: The Month 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.