Army Courts-Martial, May 2023: The Month in Review
The Army tried 57 courts-martial in May 2023. Of convicted enlisted members, 88% received a punitive discharge, compared with 74% for the Army across 2023. Article 128 (assault) was charged in 33% of cases, compared with 26% for the year.
Understanding Trends in Military Practice · 6 min read
Short answer: The Army tried 57 courts-martial in May 2023. Of convicted enlisted members, 88% received a punitive discharge, compared with 74% for the Army across 2023. Article 128 (assault) was charged in 33% of cases, compared with 26% for the year. Of 15 contested cases that reached a verdict, 7 ended in a full acquittal (47%).
More Punitive Discharges
For enlisted members, a punitive discharge is a bad-conduct or dishonorable discharge. Officers receive a dismissal instead. In May 2023, 42 of 48 convicted enlisted members received a punitive discharge: 29 bad-conduct and 13 dishonorable. Across the Army in 2023, the share was 74%.
The month also had 2 convicted officers or warrant officers, and 1 was dismissed. When a sentence has no punitive discharge, the service can still pursue administrative separation. These records do not cover administrative separation.
Compared With May 2022
The discharge rate was also higher than a year earlier: 88%, compared with 73% in May 2022. May 2023 had 57 cases, compared with 62 in May 2022.
The contested share was 26%, compared with 34%. Full acquittals in contested cases that reached a verdict were 7 of 15, compared with 6 of 21. The median confinement was 6 months, compared with 8 months. Convictions that included confinement were 90%, compared with 84%. The general court-martial share was 77% in both months. Monthly groups are small and a few cases can change them, so these comparisons show direction only.
| May 2022 | May 2023 | |
|---|---|---|
| Cases | 62 | 57 |
| Contested (of pleas recorded) | 34% | 26% |
| Full acquittals (decided contested) | 6 of 21 | 7 of 15 |
| Convictions with confinement | 84% | 90% |
| Median confinement | 8 months | 6 months |
| Punitive discharge (enlisted) | 73% | 88% |
| General courts-martial | 77% | 77% |
Assault and Sexual Assault Charged More Often
All 57 records list charges. Each article is counted once per case. Article 128 (assault) was charged in 19 cases (33%). Article 120 (rape and sexual assault) was charged in 15 cases (26%, compared with 21% for the year). Article 128b (domestic violence) was charged in 13 cases (23%, compared with 21%).
Article 112a (drug offenses) was charged in 14% of cases, compared with 8%. Article 115 (communicating threats) was charged in 9%, compared with 3%. Article 134 (general article) was charged less often: 19% of cases, compared with 24%.
| UCMJ Article | Cases | Share here | Share, the Army for all of 2023 |
|---|---|---|---|
| Art. 128 Assault | 19 | 33% | 26% |
| Art. 120 Rape and sexual assault | 15 | 26% | 21% |
| Art. 128b Domestic violence | 13 | 23% | 21% |
| Art. 134 General article | 11 | 19% | 24% |
| Art. 112a Wrongful use, possession of controlled substances | 8 | 14% | 8% |
| Art. 92 Failure to obey order or regulation | 8 | 14% | 11% |
| Art. 115 Communicating threats | 5 | 9% | 3% |
| Art. 120b Rape and sexual assault of a child | 4 | 7% | 8% |
Convictions on the Charged Article
Almost all assault cases ended in a conviction for assault: 18 of 19 (95%). The median confinement for those convictions was 4 months. Article 128b cases ended in a conviction in 12 of 13 (92%), with a median of 6 months. Article 134 cases ended in a conviction in 9 of 11 (82%), with a median of 2.6 years.
Article 120 had the lowest conviction rate, 9 of 15 (60%). Those convictions had a median of 2 years. The rows overlap, because one case can include a conviction on one article and an acquittal on another.
| Article | Cases charging it | Convicted of it (share) | Median confinement when convicted of it |
|---|---|---|---|
| Art. 128 Assault | 19 | 18 (95%) | 4 months |
| Art. 120 Rape and sexual assault | 15 | 9 (60%) | 2 years |
| Art. 128b Domestic violence | 13 | 12 (92%) | 6 months |
| Art. 134 General article | 11 | 9 (82%) | 2.6 years |
Fewer Contested Cases, More Full Acquittals
Only 15 cases were contested, compared with 42 guilty pleas. A contested case is one where the accused pleaded not guilty to at least one charge. The contested share was 26%, compared with 31% for the year. All 42 guilty pleas are recorded with a plea agreement. The records do not say what the agreements contained.
Of those 15 contested cases, 7 ended in a full acquittal (47%). That rate was higher than the 39% for the Army in 2023. Another 6 (40%) ended in a partial acquittal: not guilty of at least one charge or specification and guilty of another. Army results record the finding on each charge.
Of assault cases, 74% ended in a guilty plea (14 of 19), the highest rate among the most common charges. Of Article 120 cases, 53% did (8 of 15).
Confinement Terms
Of 50 convictions, 45 included confinement (90%). The median confinement was 6 months, the same as the median for the year. A quarter of terms were 1.8 years or more. More than one year was given in 15 of 50 convictions (30%), about the same as the 28% for the year. Terms of 5 years or more made up 10%, compared with 8%.
The 43 general courts-martial had a median confinement of 11 months, and 33% were contested. The 13 special courts-martial had a median of 2 months, and 8% were contested. The court level is not listed for 1 case. Sentences are as adjudged, before any plea-agreement cap, clemency, or appeal.
| Adjudged confinement | Convictions | Share here | Share, the Army for all of 2023 |
|---|---|---|---|
| No confinement | 5 | 10% | 16% |
| Under 6 months | 22 | 44% | 39% |
| 6 months to 1 year | 8 | 16% | 16% |
| More than 1 year, under 5 years | 10 | 20% | 21% |
| 5 years or more | 5 | 10% | 8% |
Forum, Rank, and Installation
A military judge alone decided 48 cases. Of cases with a forum listed, members heard 16%: 7 enlisted panels and 2 officer panels. Members heard 9 of the 15 contested cases (60%).
Junior enlisted members made up 63% of the accused, NCOs 32%, and officers 5%. For the year, 56% were junior enlisted. General courts-martial made up 77% of cases with a court level listed, compared with 76%.
Fort Stewart tried 7 cases, Fort Bragg 6, Fort Hood 5, and Vilseck (Europe) and Fort Sill 4 each. Together these installations account for 46% of the month. Larger installations try more cases overall.
What the Records Do Not Show
Only cases that reached a courtroom are included. Nonjudicial punishment, administrative separations, cases with no action, evidence, and plea terms are not in the records.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Army courts-martial with a trial date in May 2023 (57 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)
- April 2023 at Army Courts-Martial: 49 Cases (previous / next)
- Army Courts-Martial, June 2023: The Month in Review (previous / next)
- The Army Court-Martial Year, 2023 (the whole year)
- 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.