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Understanding Trends

Articles 109 and 134 in the Same Case: What the Records Show

The records hold 15 Army, Navy, and Marine Corps courts-martial from 2014–2026 that charged both Article 109 (property damage) and Article 134 (general article). The median confinement was 11 months, compared with 6 months in all Army, Navy, and Marine Corps cases charging Article 109.

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Trends › By Offense › Article 109 › With Article 134

Short answer: The records hold 15 Army, Navy, and Marine Corps courts-martial from 2014–2026 that charged both Article 109 (property damage) and Article 134 (general article). The median confinement was 11 months, compared with 6 months in all Army, Navy, and Marine Corps cases charging Article 109. Punitive discharges were less common, at 47% of enlisted convictions against 57%.

Based on 15 cases · 2014–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Median Confinement of 11 Months

Every case ended in a conviction, and confinement was part of 93% of the 15 sentences. Half of the terms were 11 months or less. In all Army, Navy, and Marine Corps cases charging Article 109, the median was 6 months.

A quarter of the terms were 1.7 years or longer. The figures are adjudged sentences and include every charge in the case. A plea-agreement cap, clemency, or appeal could lower them later.

Assault Charged in 10 of 15 Cases

Article 128 (assault) appeared in 10 of the 15 cases. Article 121 (larceny) appeared in 6, Article 128b (domestic violence, numbered since 2019) in 4, and Article 92 (orders violation) in 4.

Article 134 covers many kinds of conduct. The records do not show which Article 134 offense was charged in each case.

Discharges

47% of convicted enlisted members received a punitive discharge: 4 bad-conduct discharges and 3 dishonorable discharges. All Army, Navy, and Marine Corps cases charging Article 109 had a share of 57%.

A convicted member who did not receive a punitive discharge may still be separated through administrative action.

Pleas

4 cases were contested with a not-guilty or mixed plea, and 11 ended in guilty pleas. The contested share, 27%, compares with 31% in all Army, Navy, and Marine Corps cases charging Article 109.

Rank and Court Level

Junior enlisted members (E-1 to E-4) made up 60% of the accused, NCOs 40%, and officers 0%. In all Army, Navy, and Marine Corps cases charging Article 109, junior enlisted members were 73%.

General courts-martial heard 7 of the 15 cases (47%). The others were special courts-martial, which are limited to one year of confinement and cannot impose a dishonorable discharge.

Most Trials Came After 2020

Trials ran from July 2014 to March 2026. There was 1 in 2014 and then none from 2015 through 2020. After that, there were 6 in 2021, 3 in 2022, 1 in 2023, 2 in 2024, 1 in 2025, and 1 in 2026, a partial year.

Rule Changes and Limits

The Military Justice Act of 2016 took effect on January 1, 2019. It fixed panel sizes, added written plea agreements, and created a judge-alone special court-martial capped at six months with no punitive discharge. On December 28, 2023, special trial counsel began deciding whether to prosecute covered offenses such as domestic violence. The records give trial dates, not offense dates, so they cannot show which rules applied.

The records cover courts-martial only. They do not show nonjudicial punishment, administrative separation, the evidence, or the plea terms.

Dates and sources for the law changes mentioned here: UCMJ change timeline.

How We Counted

Army, Navy, and Marine Corps courts-martial that charged both Article 109 and Article 134 (15 cases). Air Force cases are left out because Air Force records rarely list the charges in acquittals.

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.

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.

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