What the Army Tried in May 2021
The Army tried 69 courts-martial in May 2021. Article 128 (assault) was the most common charge, in 49% of cases, compared with 38% across the Army in 2021. The median confinement for convictions was 8 months, longer than the 6 months for the year.
Understanding Trends in Military Practice · 6 min read
Short answer: The Army tried 69 courts-martial in May 2021. Article 128 (assault) was the most common charge, in 49% of cases, compared with 38% across the Army in 2021. The median confinement for convictions was 8 months, longer than the 6 months for the year.
Assault Was the Most Common Charge
All 69 records list their charges. Each article is counted once per case. Article 128 (assault) was charged in 34 cases (49%), compared with 38% for the Army over the full year. Article 134 (general article) was also charged more often than for the year: 29%, compared with 21%.
Other articles were closer to the yearly shares. Article 120 (rape and sexual assault) was charged in 19 cases (28%, compared with 29%). Article 107 (false official statements) was charged in 16%, compared with 12%. Article 80 (attempts) was charged in 14%, compared with 9%. Article 131b (obstructing justice) was charged in 10% of cases, compared with 5%.
| UCMJ Article | Cases | Share here | Share, the Army for all of 2021 |
|---|---|---|---|
| Art. 128 Assault | 34 | 49% | 38% |
| Art. 134 General article | 20 | 29% | 21% |
| Art. 120 Rape and sexual assault | 19 | 28% | 29% |
| Art. 107 False official statements | 11 | 16% | 12% |
| Art. 92 Failure to obey order or regulation | 10 | 14% | 16% |
| Art. 80 Attempts | 10 | 14% | 9% |
| Art. 112a Wrongful use, possession of controlled substances | 9 | 13% | 12% |
| Art. 131b Obstructing justice | 7 | 10% | 5% |
Assault Convictions and Their Sentences
Of the 34 cases charging Article 128, 25 ended in a conviction on that article (74%). That was the highest conviction rate among the most common charges. The median confinement for those convictions was 7 months. Article 107 cases ended in a conviction in 8 of 11 (73%), with a median of 9 months.
Article 134 cases ended in a conviction on that article in 13 of 20 (65%), with a median of 1.5 years. Article 120 had the lowest rate, 8 of 19 (42%), with a median of 2 years. One case can include a conviction on one article and an acquittal on another, so the rows overlap.
| Article | Cases charging it | Convicted of it (share) | Median confinement when convicted of it |
|---|---|---|---|
| Art. 128 Assault | 34 | 25 (74%) | 7 months |
| Art. 134 General article | 20 | 13 (65%) | 1.5 years |
| Art. 120 Rape and sexual assault | 19 | 8 (42%) | 2 years |
| Art. 107 False official statements | 11 | 8 (73%) | 9 months |
Longer Sentences Than for the Year
Of 61 convictions on at least one charge, 54 included confinement (89%). The median confinement was 8 months. A quarter of the terms were 1.8 years or more. Of these, 1 conviction carried a life sentence.
More than one year of confinement was given in 20 of 61 convictions (33%), compared with 26% for the year. Convictions with no confinement made up 11%, compared with 19%. These figures are adjudged sentences. They cover every charge in the case and come before any plea-agreement cap, clemency, or appeal.
Sentences differed by court level. The 53 general courts-martial had a median confinement of 10 months, and 51% were contested. The 15 special courts-martial, which are limited to one year of confinement, had a median of 5 months, and 7% were contested. The court level is not listed for 1 case.
| Adjudged confinement | Convictions | Share here | Share, the Army for all of 2021 |
|---|---|---|---|
| No confinement | 7 | 11% | 19% |
| Under 6 months | 22 | 36% | 37% |
| 6 months to 1 year | 12 | 20% | 17% |
| More than 1 year, under 5 years | 15 | 25% | 18% |
| 5 years or more | 5 | 8% | 8% |
A Higher Contested Share
A case is contested when the accused pleads not guilty to at least one charge. May 2021 had 28 contested cases and 41 guilty pleas. The contested share was 41%, compared with 36% for the year. Of the guilty pleas, 36 are recorded with a plea agreement and 5 have no entry. The records do not show agreement terms.
Guilty-plea rates differed by charge. Of Article 107 cases, 64% ended in a guilty plea (7 of 11), the highest rate among the most common charges. Of Article 120 cases, 11% did (2 of 19).
Acquittals and Who Decided Guilt
Of 28 contested cases that reached a verdict, 8 ended in a full acquittal (29%). That rate was lower than the 35% for the Army that year. Another 11 (39%) ended in a partial acquittal: not guilty of at least one charge or specification and guilty of another. Army results report findings charge by charge, so partial acquittals are recorded.
A military judge alone decided 52 of 69 cases (75%). Members heard 17: 12 enlisted panels and 5 officer panels. Among contested cases, members heard 17 of 28 (61%). In contested cases, members acquitted in full 41% of the time and judges 9% of the time. The accused usually chooses the forum, so the 2 groups of cases are not alike. The difference does not show how either would decide the same case.
Discharges After Conviction
Of 59 convicted enlisted members, 43 received a punitive discharge: 30 bad-conduct discharges and 13 dishonorable discharges. The Army share for 2021 was 70%. Both convicted officers or warrant officers (2 in all) were dismissed. Administrative separation can still follow a sentence without a punitive discharge.
A Junior Group of Accused
The accused were 46 junior enlisted members, 19 NCOs, and 3 officers. This mix was more junior than the Army for the year. General courts-martial made up 78% of the 68 cases with a court level listed (53 of 68). A general court-martial can impose long confinement and a dishonorable discharge.
Fort Campbell tried 7 cases. Fort Hood and Joint Base Lewis-McChord tried 6 each, and Fort Riley and Fort Bragg tried 5 each. Together these installations account for 42% of the month. Larger installations try more cases of every type.
Early Data and What It Leaves Out
Article 140a required the services to begin publishing trial records by December 2020. Army records in this data are sparse before 2021. The records show only cases that reached a courtroom. Nonjudicial punishment, administrative separations, the evidence, and plea terms are not included.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Army courts-martial with a trial date in May 2021 (69 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 April 2021 (previous / next)
- What the Army Tried in June 2021 (previous / next)
- How 2021 Went at Army Courts-Martial (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.