Drug Plus Assault: Courts-Martial Charging Articles 112a and 128

Trends › By Offense › Article 112a › With Article 128

Based on 109 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Few Full Acquittals

Of the 20 contested cases that reached a verdict, 2 ended in a full acquittal (10%). The comparison group is all Army, Navy, and Marine Corps cases charging Article 112a. Its full-acquittal rate was 40%.

Partial acquittals were the most common result at trial. In 13 cases (65%), the accused was found not guilty of at least one charge or specification and guilty of another. A partial acquittal still leads to a sentence. In these records, a partial acquittal was more common than a full acquittal.

Contested Slightly More Often Than Other Drug Cases

A contested case is one with a not-guilty or mixed plea to at least one charge. The plea is listed in 87 records: 20 were contested and 67 were guilty pleas. The contested share was 23%, compared with 18% for all Article 112a cases.

The contested share was different at each court level. At general courts-martial, 38% of cases were contested. At special courts-martial, 3% were. Almost all special courts-martial in this group were guilty pleas. At general courts-martial, more of the cases went to a contested trial.

How Long Was the Confinement?

Of 107 convictions, 101 included confinement. The median confinement was 9 months, compared with 5 months for the comparison group. A quarter of the sentences were 2 years or longer.

Sentences longer than one year were given in 38 of 107 convictions (36%), compared with 16%. 14 convictions included 5 years or more. These are adjudged sentences, imposed at trial before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Most Were General Courts-Martial

Of the 109 cases, 62 were general courts-martial (57%), compared with 27% for all Article 112a cases. The other 47 were special courts-martial. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

The median confinement was 1.6 years at general courts-martial and 5 months at special courts-martial.

Punitive Discharges and Dismissals

Of 102 convicted enlisted members, 80 received a punitive discharge: 55 bad-conduct and 25 dishonorable. In the comparison group, the share was 70%.

The records list 4 convicted officers or warrant officers. 2 of them were dismissed. A member who did not receive a punitive discharge at trial could still be separated administratively later, and that would not appear in these records.

Most of the Accused Were Junior Enlisted

The accused were 85 junior enlisted members (E-1 to E-4), 19 NCOs (E-5 to E-9), and 4 officers or warrant officers. This group was more junior than all Article 112a cases, where 76% of the accused were junior enlisted.

NCOs and officers were a small part of this group. The sentence and discharge figures mostly describe members in the lowest grades.

Other Charges in These Cases

Article 92 (orders violation) was charged in 33 cases and Article 120 (sexual assault) in 27. Article 134 (general article) and Article 115 (malingering before 2019; communicating threats since) were each charged in 14.

A sentence covers all charges of conviction together. Every sentence figure above includes the cases where charges like Article 120 were also part of the case.

Trial Years and Locations

Trials took place from April 2013 through August 2026. There was 1 case in 2014. The highest count was 19 in 2021. There were 3 in 2025, and 4 so far in 2026, a partial year.

Camp Lejeune, North Carolina and Norfolk, Virginia had 13 cases each. Fort Bliss, Mayport, Florida, and Parris Island, South Carolina had 5 each. These 5 installations account for 38% of the 109 cases. Larger bases try more cases of every kind.

Rule Changes and What the Records Leave Out

The Military Justice Act of 2016 took effect on January 1, 2019. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses such as sexual assault and domestic violence. Both rules depend on the offense date, which the records do not give. The records cannot show whether either change affected these figures.

The data does not include nonjudicial punishment, administrative separations, or cases closed without action. It does not describe the evidence or the plea terms.

For what the offense covers and how it is defended, see Article 112a on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare · Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025 · Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025

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.