October 2023 at Army Courts-Martial: 35 Cases
The Army tried 35 courts-martial in October 2023. Article 113 (drunken or reckless driving) was charged in 21% of them, compared with 5% for the Army across 2023. The median confinement for convictions was 3 months, shorter than the 6 months for the year.
Understanding Trends in Military Practice · 6 min read
Trends › By Year › October 2023
Short answer: The Army tried 35 courts-martial in October 2023. Article 113 (drunken or reckless driving) was charged in 21% of them, compared with 5% for the Army across 2023. The median confinement for convictions was 3 months, shorter than the 6 months for the year. Only 17% of cases were contested, compared with 31%.
More Drunken and Reckless Driving Cases
Charge lists exist for 34 of the 35 cases. Each article is counted once per case. Article 113, which since 2019 has covered drunken or reckless operation of a vehicle, was charged in 7 of them. Article 85 (desertion) was also charged more often than for the year: 12%, compared with 3%.
Article 128 (assault) was the most common charge, in 8 cases (24%, compared with 26%). Article 128b (domestic violence) was charged in 6 cases (18%, compared with 21%). Article 134 (general article) was charged less often than for the year: 12%, compared with 24%. Some less common charges were about the same as for the year or slightly higher. Article 80 (attempts) was charged in 12% (compared with 8%), Article 112a (drug offenses) in 9% (compared with 8%), and Article 107 (false official statements) in 6% (compared with 4%).
| UCMJ Article | Cases | Share here | Share, the Army for all of 2023 |
|---|---|---|---|
| Art. 128 Assault | 8 | 24% | 26% |
| Art. 113 Drunken or reckless operation of vehicle | 7 | 21% | 5% |
| Art. 128b Domestic violence | 6 | 18% | 21% |
| Art. 85 Desertion | 4 | 12% | 3% |
| Art. 80 Attempts | 4 | 12% | 8% |
| Art. 134 General article | 4 | 12% | 24% |
| Art. 112a Wrongful use, possession of controlled substances | 3 | 9% | 8% |
| Art. 107 False official statements | 2 | 6% | 4% |
Short Sentences, Almost Always With Confinement
Of 33 convictions on at least one charge, 31 included confinement (94%). The terms were short. The median confinement was 3 months, and a quarter of sentences were 6 months or longer.
Terms under 6 months made up 64% of convictions, compared with 39% for the Army in 2023. Only 6 of 33 (18%) were longer than one year, compared with 28%. Only 6% of convictions had no confinement, compared with 16% for the year. Every longer range was smaller than for the year. Terms from 6 months to 1 year made up 12% (compared with 16%). Terms of more than 1 year but under 5 years made up 12% (compared with 21%). Terms of 5 years or more made up 6% (compared with 8%).
These are sentences as adjudged at trial. They cover every charge in a case and come before any plea-agreement cap, clemency, or appeal.
| Adjudged confinement | Convictions | Share here | Share, the Army for all of 2023 |
|---|---|---|---|
| No confinement | 2 | 6% | 16% |
| Under 6 months | 21 | 64% | 39% |
| 6 months to 1 year | 4 | 12% | 16% |
| More than 1 year, under 5 years | 4 | 12% | 21% |
| 5 years or more | 2 | 6% | 8% |
Few Contested Cases
A case is contested when the accused pleads not guilty to at least one charge. In October 2023, only 6 cases were contested, and 29 ended in guilty pleas. The contested share was 17%, much lower than the 31% for the year.
Plea agreements are recorded for 28 of the 29 guilty pleas, and 1 has no entry. Army records show whether an agreement existed, not its terms. Of the 6 contested cases that reached a verdict, 2 ended in a full acquittal.
Judges Decided Almost Every Case
The accused usually chooses whether a military judge alone or a panel of members decides guilt. A military judge alone decided 31 of 35 cases (89%). Members heard the other 4, all with enlisted panels. Guilty pleas are almost always heard by a judge alone, so this split follows the low contested share.
Fewer Punitive Discharges
For enlisted members, a punitive discharge is a bad-conduct or dishonorable discharge. Of 29 convicted enlisted members, 18 received one (62%). That rate was lower than the 74% for the Army in 2023. Only 3 of those were dishonorable discharges.
The month also had 4 convicted officers or warrant officers, and 1 was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.
Rank and Court Level
The accused were 24 junior enlisted members, 7 NCOs, and 4 officers. This group was more junior than the Army for the year.
There were 23 general courts-martial, which can adjudge any lawful sentence. There were 6 special courts-martial, which are limited to one year of confinement and cannot impose a dishonorable discharge. Another 6 cases have no court level listed. Among the cases with a court level listed, the general share was 79%, compared with 76% for the year.
Installations
Fort Wainwright tried 5 cases, Fort Bliss 4, Fort Carson and Fort Sill 3 each, and Fort Drum 2. Together these installations account for 49% of the 35 cases. Larger installations try more cases of all types, so these counts say little about any one installation.
Compared With October 2022
October 2022 had 42 cases. October 2023 had 35. The contested share was 17%, compared with 41% in October 2022. Full acquittals in contested cases that reached a verdict were 2 of 6, compared with 10 of 17. The median confinement was 3 months, compared with 6 months. Convictions that included confinement were 94%, compared with 84%. Enlisted punitive discharges were 62%, compared with 75%. The general court-martial share was 79%, compared with 88%.
Monthly groups are small, and a few cases can change these figures. They show direction, not settled trends.
| October 2022 | October 2023 | |
|---|---|---|
| Cases | 42 | 35 |
| Contested (of pleas recorded) | 41% | 17% |
| Full acquittals (decided contested) | 10 of 17 | 2 of 6 |
| Convictions with confinement | 84% | 94% |
| Median confinement | 6 months | 3 months |
| Punitive discharge (enlisted) | 75% | 62% |
| General courts-martial | 88% | 79% |
What the Records Do Not Show
The records list trial dates but not offense dates. They do not include the evidence, the plea terms, or any matter resolved through nonjudicial punishment or administrative separation.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Army courts-martial with a trial date in October 2023 (35 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)
- Army Courts-Martial, September 2023: The Month in Review (previous / next)
- November 2023 at Army Courts-Martial: 31 Cases (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.