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

Trends › By Offense › Article 107 › With Article 120c

Based on 13 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Confinement in Most Sentences

Each of the 13 cases ended in a conviction, and 92% of those sentences included confinement. The median confinement was 10 months. In all Army, Navy, and Marine Corps cases charging Article 107, the median was 6 months. Among the sentences with confinement, a quarter were 2 years or longer.

The figures reflect sentences as announced at trial. Later steps such as a plea-agreement cap, clemency, or an appeal are not reflected, and a single sentence covers all of the charges in a case.

Punitive Discharges

75% of the enlisted convictions included a punitive discharge: 7 bad-conduct discharges and 2 dishonorable discharges. In all cases charging Article 107 in these services, the share was 60%.

For enlisted members, a punitive discharge means a bad-conduct or dishonorable discharge. Members whose sentence had neither can still face an administrative separation later.

More General Courts-Martial Than Usual

8 of the 13 cases were general courts-martial (62%). In all cases charging Article 107 in these services, the general share was 43%. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Among the accused with rank recorded, 5 were junior enlisted members and 7 were NCOs. No officers appear. That mix is more senior than in all cases charging Article 107.

Other Articles Charged

Besides Article 107 and Article 120c, the general article (Article 134) appeared in 5 cases. Article 120 (sexual assault), Article 128 (assault), and Article 80 (attempt) each appeared in 4 cases. A case with several articles is counted under each one.

Cases by Year

The cases were tried from October 2013 to June 2026. No year had more than 2 cases. 2014, 2017, and 2018 had 2 each. 2019, 2022, 2023, and 2024 had none. The 2026 count covers only part of the year.

Law Changes and Gaps in the Records

Several rule changes fall inside this period. The Military Justice Act of 2016 applied from January 1, 2019, though offenses from before 2019 stayed under the old rules. Special trial counsel took over prosecution decisions for covered offenses such as sexual assault on December 28, 2023. New sentencing parameters, applied by the military judge, govern cases in which every guilty finding is for an offense after December 27, 2023.

Each of these changes is tied to the offense date. The records carry only the trial date, so the rules in force for any single case cannot be read from them. Plea figures are not reported for this group. The evidence, the plea terms, nonjudicial punishment, and administrative separations are also outside 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.

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.