When Article 107 and Article 131b Are Charged Together, How Do Cases End?

Trends › By Offense › Article 107 › With Article 131b

Based on 70 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

False Statements and Obstruction in the Same Case

Article 107 covers false official statements. Article 131b (obstruction, numbered since 2019) covers obstructing justice. The records show 70 cases that charged both, from January 2013 through August 2026. The largest yearly counts were in 2021 (14) and 2020 (10). The 2026 count of 3 covers a partial year.

Most cases had other charges as well. Article 92 (orders violation) was charged in 25 of the 70 cases, Article 128 (assault) in 19, Article 134 (general article) in 18, and Article 121 (larceny) in 12.

More Punitive Discharges

Of 64 convicted enlisted members, 44 received a punitive discharge: 37 bad-conduct discharges and 7 dishonorable discharges. That rate, 69%, was higher than the 60% across Article 107 cases. Most were bad-conduct discharges, which both court levels can impose. Of 3 convicted officers or warrant officers, 2 were dismissed.

A punitive discharge is part of the court-martial sentence. A member without one can still be separated through an administrative process later.

Confinement Terms

Of 68 cases that ended in a conviction on at least one charge, 51 included confinement (75%). The median confinement was 7 months, slightly longer than the 6 months across Article 107 cases. A quarter of terms were 1.5 years or more. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

Terms from 6 months to 1 year made up 28% of convictions, compared with 22%. Terms under 6 months made up 25%, compared with 38%. Terms longer than one year were given in 15 of 68 convictions (22%), compared with 18%. Terms of 5 years or more made up 3%. Another 25% of convictions carried no confinement.

Contested Cases and Their Results

Pleas are listed in 51 of the 70 records: 32 guilty pleas and 19 not-guilty or mixed pleas. The contested share was 37%, about the same as the 34% for Article 107 cases overall. In a contested case, the government must prove at least one charge at trial. The records do not show why any accused pleaded guilty or went to trial, or what evidence was involved.

Full acquittals came in 11% of the 19 contested cases that reached a verdict. That rate was lower than the 15% across Article 107 cases. Another 8 ended in a partial acquittal: not guilty of at least one charge and guilty of another.

General and Special Courts-Martial

There were 32 general and 37 special courts-martial, and the level is not recorded for 1 case. The general share was 46%, about the same as the 43% for Article 107 cases. A special court-martial cannot impose more than one year of confinement or a dishonorable discharge.

At general courts-martial, 87% of convictions included confinement, with a median of 1.4 years. At special courts-martial, 68% did, with a median of 4 months.

Rank of the Accused

The accused were 35 junior enlisted members (E-1 to E-4), 31 NCOs (E-5 to E-9), and 3 officers or warrant officers. This mix was similar to Article 107 cases generally, where 49% were junior enlisted.

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. Only a general court-martial can adjudge more than one year of confinement.

Where These Cases Were Tried

San Diego, California tried the most cases, 9. Next were Norfolk, Virginia (8), Camp Pendleton, California (7), Camp Lejeune, North Carolina (7), and Bremerton, Washington (4). Together these installations account for 50% of the 70 cases. Larger installations try more cases of every type, so a high count does not show a local problem.

Rule 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. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses. For offenses after December 27, 2023, the military judge sets the sentence within new parameters. The records do not include offense dates, so trials from 2024 on include cases under both sets of rules. The records cannot show whether any change affected these figures.

The records also do not include the evidence, plea terms, or conduct handled outside a court-martial.

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. Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences

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.