Army Courts-Martial, September 2023: The Month in Review
The Army tried 38 courts-martial in September 2023. Of 14 contested cases that reached a verdict, only 3 ended in a full acquittal (21%), compared with 39% for the Army across 2023. The median confinement for convictions was 8 months, longer than the 6 months for the year.
Understanding Trends in Military Practice · 6 min read
Trends › By Year › September 2023
Short answer: The Army tried 38 courts-martial in September 2023. Of 14 contested cases that reached a verdict, only 3 ended in a full acquittal (21%), compared with 39% for the Army across 2023. The median confinement for convictions was 8 months, longer than the 6 months for the year.
Few Full Acquittals in Contested Cases
A case is contested when the accused pleads not guilty to at least one charge. This month had 14 contested cases that reached a verdict. Only 3 ended in a full acquittal. Another 6 (43%) ended in a partial acquittal: not guilty of at least one charge or specification and guilty of another.
Army results list findings for each charge, so partial acquittals appear often in Army data. The full-acquittal rate here was 21%, much lower than the 39% for the year.
A Higher Contested Share
The month had 24 guilty pleas and 14 contested cases. The contested share was 37%, compared with 31% for the Army in 2023. Plea agreements are recorded for 22 of the 24 guilty pleas, and 2 have no entry. The records do not say what any agreement contained.
Members heard 10 of the 14 contested cases (71%). Overall, a military judge alone decided 28 of 38 cases (74%). Members heard 10: 7 enlisted panels and 3 officer panels.
Sexual Assault, Domestic Violence, and the General Article
Of 38 records, 36 list charges. Each article counts once per case. Article 134 (general article), Article 120 (sexual assault), and Article 128b (domestic violence) were each charged in 10 cases (28%). For Article 120 and Article 128b, that share was higher than the 21% for the year.
Article 128 (assault) was charged in only 17% of cases, compared with 26%. Article 92 (orders violations) was charged in 17%, compared with 11%. Article 90 (willfully disobeying a superior officer) was charged in 14%, compared with 7%. Article 80 (attempts) and Article 86 (AWOL) were also charged slightly more often: 11% and 8%, compared with 8% and 5%.
| UCMJ Article | Cases | Share here | Share, the Army for all of 2023 |
|---|---|---|---|
| Art. 134 General article | 10 | 28% | 24% |
| Art. 120 Rape and sexual assault | 10 | 28% | 21% |
| Art. 128b Domestic violence | 10 | 28% | 21% |
| Art. 128 Assault | 6 | 17% | 26% |
| Art. 92 Failure to obey order or regulation | 6 | 17% | 11% |
| Art. 90 Willfully disobeying superior officer | 5 | 14% | 7% |
| Art. 80 Attempts | 4 | 11% | 8% |
| Art. 86 AWOL | 3 | 8% | 5% |
Fewer Sexual Assault Convictions
Of the 10 cases charging Article 120, 3 ended in a conviction on that article (30%). The median confinement for those convictions was 1 year. Article 134 and Article 128b cases each ended in a conviction on the charged article in 8 of 10 (80%). Their median confinement terms were 1.5 years and 1 year.
One case can include a conviction on one article and an acquittal on another, so these rows overlap.
| Article | Cases charging it | Convicted of it (share) | Median confinement when convicted of it |
|---|---|---|---|
| Art. 134 General article | 10 | 8 (80%) | 1.5 years |
| Art. 120 Rape and sexual assault | 10 | 3 (30%) | 1 year |
| Art. 128b Domestic violence | 10 | 8 (80%) | 1 year |
Fewer Convictions With Confinement, but Longer Terms
Of 35 convictions, 71% included confinement. The other 29% had no confinement, compared with 16% for the year. When confinement was imposed, the median was 8 months. A quarter of terms were 1.8 years or more.
More than one year was given in 10 of 35 convictions (29%), about the same as the 28% for 2023. Terms under 6 months made up 31%, compared with 39%. Terms from 6 months to 1 year made up 11%, compared with 16%. Terms of 5 years or more made up 6%, compared with 8%. All figures are adjudged at trial, cover every charge in the case, and come before any plea-agreement cap, clemency, or appeal.
General courts-martial made up 74% of the 35 cases with a court level listed (26 of 35). A general court-martial can adjudge long confinement and a dishonorable discharge. Special courts-martial, which are limited to one year, made up the rest.
| Adjudged confinement | Convictions | Share here | Share, the Army for all of 2023 |
|---|---|---|---|
| No confinement | 10 | 29% | 16% |
| Under 6 months | 11 | 31% | 39% |
| 6 months to 1 year | 4 | 11% | 16% |
| More than 1 year, under 5 years | 8 | 23% | 21% |
| 5 years or more | 2 | 6% | 8% |
Discharges
Of 34 convicted enlisted members, 22 received a punitive discharge: 15 bad-conduct discharges and 7 dishonorable discharges. For the Army in 2023, the share was 74%, so punitive discharges were less common this month. The 1 convicted officer or warrant officer was dismissed. A sentence without a punitive discharge does not prevent a later administrative separation.
Rank and Installation
The accused were 17 junior enlisted members, 19 NCOs, and 2 officers. This group was more senior than the Army for the year.
Fort Bragg tried 5 cases, Fort Hood 4, Fort Riley and Fort Campbell 3 each, and Fort Leonard Wood 2. Together these installations account for 45% of the month. Larger installations try more cases of every kind.
Compared With September 2022
September 2022 had 29 cases. September 2023 had 38. The contested share was 37%, compared with 24% in September 2022. Full acquittals in contested cases that reached a verdict were 3 of 14, compared with 3 of 7. Convictions that included confinement were 71%, compared with 88%. The median confinement was 8 months, compared with 6 months. Enlisted punitive discharges were 65%, compared with 80%. The general court-martial share was 74%, compared with 76%. Monthly groups are small, and a few cases can change these figures.
| September 2022 | September 2023 | |
|---|---|---|
| Cases | 29 | 38 |
| Contested (of pleas recorded) | 24% | 37% |
| Full acquittals (decided contested) | 3 of 7 | 3 of 14 |
| Convictions with confinement | 88% | 71% |
| Median confinement | 6 months | 8 months |
| Punitive discharge (enlisted) | 80% | 65% |
| General courts-martial | 76% | 74% |
What the Records Do Not Include
Offense dates, evidence, and plea terms are not in these records. The records cannot show when the conduct happened, what proof was offered, or what an agreement promised. They also do not include cases handled by 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 September 2023 (38 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 August 2023 (previous / next)
- October 2023 at Army Courts-Martial: 35 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.