Articles 107 and 120 in the Same Case: What the Records Show

Trends › By Offense › Article 107 › With Article 120

Based on 85 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Most Cases Were Contested

Of 75 records listing a plea, 53 were contested and 22 were guilty pleas. A case is contested when the accused pleads not guilty to at least one charge, either to every charge or through a mixed plea. In a contested case, the government must prove the contested charge at trial. The contested share was 71%, much higher than the 34% for Article 107 cases in general.

The records do not show why any accused contested the charges. They also do not describe the evidence in any case.

Full and Partial Acquittals

Of the 53 contested cases that reached a verdict, 10 ended in a full acquittal (19%) and 22 ended in a partial acquittal (42%). A partial acquittal means not guilty of at least one charge or specification and guilty of another. The full-acquittal rate was higher than the 15% for all Article 107 cases.

A full acquittal means the accused was found not guilty of every charge in the case.

Sentences Measured in Years

Of 74 convictions, 55 included confinement. The median confinement was 2 years, compared with 6 months for Article 107 cases overall. A quarter of terms were 5 years or longer. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Of 74 convictions, 37 (50%) carried more than one year, compared with 18% in the wider Article 107 group. Terms of 5 years or more made up 22% of convictions, compared with 5%. Convictions with no confinement made up 26%, compared with 23%. More sentences were at both the long end and the short end.

Most Discharges Were Dishonorable

Of 66 convicted enlisted members, 46 received a bad-conduct or dishonorable discharge (70%). Of those 46, 37 were dishonorable discharges. Across Article 107 cases as a whole, the punitive discharge rate was 60%. Of 8 convicted officers or warrant officers, 5 were dismissed. Dismissal is the officer form of a punitive discharge.

Only a general court-martial can impose a dishonorable discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Almost All General Courts-Martial

Of the 85 cases, 76 were general courts-martial and 9 were special courts-martial. The general share was 89%, compared with 43% across Article 107 cases. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal.

A special court-martial is limited to one year of confinement. It can impose a bad-conduct discharge but not a dishonorable discharge. Only a general court-martial can impose more than one year of confinement.

Other Charges and Rank

Article 128 (assault) was charged in 53 of the 85 cases. Article 134 (general article) was charged in 21, Article 80 (attempt) in 10, and Article 131b (obstruction, numbered since 2019) in 9.

Junior enlisted members (E-1 to E-4) made up 52% of the accused, NCOs 37%, and officers 11%. Across Article 107 cases, junior enlisted members made up 49%.

Years and Installations

The cases run from April 2013 to June 2026. The highest yearly counts were in 2021 (17) and 2022 (16). The 2026 count of 2 covers a partial year.

Norfolk, Virginia had the most cases, 11. Next were Fort Campbell (5), Fort Bragg (4), Camp Pendleton, California (4), and San Diego, California (4). Together these installations account for 33% of the total. Larger installations try more cases of every type, so a high count alone does not mean a problem at a particular installation.

Law Changes and What the Records Do Not Show

The Military Justice Act of 2016 took effect on January 1, 2019. It set fixed panel sizes and brought in written plea agreements. Cases with offenses from before 2019 kept the old rules. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault. For offenses after December 27, 2023, the military judge sets the sentence within new parameters.

Both changes depend on the offense date, and the records do not give it. Trials from 2024 on include both old-rule and new-rule cases. The records cannot show whether these changes affected any figure here. Nonjudicial punishment and administrative separations are not in these records.

For what the offense covers and how it is defended, see Article 107 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial

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.