Articles 112a and 128b in the Same Case: What the Records Show
Between 2020–2026, 22 Army, Navy, and Marine Corps courts-martial charged both Article 112a (drug) and Article 128b (domestic violence, numbered since 2019).
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Trends › By Offense › Article 112a › With Article 128b
Short answer: Between 2020–2026, 22 Army, Navy, and Marine Corps courts-martial charged both Article 112a (drug) and Article 128b (domestic violence, numbered since 2019). 94% of convicted enlisted members received a punitive discharge, compared with 70% in all Army, Navy, and Marine Corps cases charging Article 112a. The median confinement was 1 year, against 5 months.
Punitive Discharges in Nearly Every Enlisted Conviction
A punitive discharge followed 94% of enlisted convictions in these cases. That count was 13 bad-conduct discharges and 4 dishonorable discharges. In all Army, Navy, and Marine Corps cases charging Article 112a, the share was 70%.
4 convicted officers or warrant officers appear in these records, and 2 were dismissed. A dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.
General Courts-Martial Heard 18 of 22 Cases
The court level was general in 18 cases and special in 4. The general share, 82%, compares with 27% in all Army, Navy, and Marine Corps cases charging Article 112a.
A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.
Length of Confinement
Confinement was part of 100% of the 22 convictions. Half of those terms were 1 year or less, while the median in all Army, Navy, and Marine Corps cases charging Article 112a was 5 months. A quarter of the terms here were 3.3 years or longer.
These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case, including the domestic violence charge and any other charges.
Confinement by Band
Confinement of more than one year appeared in 9 of the 22 convictions (41%). Across all Army, Navy, and Marine Corps cases charging Article 112a, the figure was 16%.
In the band of more than 1 year and under 5 years, there were 5 convictions (23%), compared with 13%. Terms of 5 years or more made up 4 convictions (18%), compared with 3%. Terms from 6 months to 1 year made up 8 convictions (36%), compared with 27%.
Short terms were less common. 5 convictions (23%) carried under 6 months, compared with 47% for all Article 112a cases. No conviction was without confinement (0%, compared with 10%).
| Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 112a |
|---|---|---|---|
| No confinement | 0 | 0% | 10% |
| Under 6 months | 5 | 23% | 47% |
| 6 months to 1 year | 8 | 36% | 27% |
| More than 1 year, under 5 years | 5 | 23% | 13% |
| 5 years or more | 4 | 18% | 3% |
Rank of the Accused
The accused were 15 junior enlisted members, 3 NCOs, and 4 officers. The sheet describes the group as more senior than all Army, Navy, and Marine Corps cases charging Article 112a.
Of the 4 officers, 2 were dismissed, as noted above. Junior enlisted members were the largest group, with 15 of the 22 accused.
Pleas
21 of the 22 records list the plea. 17 were guilty pleas, and 4 were contested, meaning a not-guilty or mixed plea. The contested share was 19%, about the same as the 18% for all Army, Navy, and Marine Corps cases charging Article 112a.
A guilty plea can cover some charges while others are contested. The records do not show why an accused chose a plea or what any plea agreement said.
Other Charges and Locations
No case charged Article 112a by itself. Besides Article 128b, the most common charges were Article 128 (assault) in 9 cases, Article 92 (orders violation) in 9, Article 90 (disobeying an officer) in 5, and Article 134 (general article) in 4.
Fort Bliss had 4 cases. Fort Riley, Norfolk, Virginia, Fort Bragg, and Camp Lejeune, North Carolina had 2 each. Together these five installations account for 55% of the 22 cases. Larger installations try more cases of every kind, so a high count alone does not mean a base has a problem with these offenses.
Cases per Year
The cases were tried from July 2020 through August 2026. There were 2 in 2020, 2 in 2021, 4 in 2022, 3 in 2023, 7 in 2024, 1 in 2025, and 3 in 2026. The 2026 count is a partial year.
The year with the most trials was 2024, with 7.
The December 2023 Changes and Record Limits
Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. The covered offenses include domestic violence, sexual assault, and murder. When every guilty finding in a case is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Both rules turn on the offense date, which the records do not give, so trials from 2024 on mix old-rule and new-rule cases.
The records show charges, pleas, findings, and sentences. They do not show the evidence, the plea terms, or conduct handled outside a court-martial.
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.
How We Counted
Army, Navy, and Marine Corps courts-martial that charged both Article 112a and Article 128b (22 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.
Related Analysis
- Article 112a (Wrongful Use, Possession of Controlled Substances): Court-Martial Data and Trends (hub)
- Article 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends (hub)
- Drug Plus Orders Violation: Courts-Martial Charging Articles 112a and 92
- When Article 112a and Article 81 Are Charged Together, How Do Cases End?
- Drug Plus AWOL: Courts-Martial Charging Articles 112a and 86
- Army Article 112a Cases by the Numbers, 2021–2025
- Are Air Force Drug Courts-Martial Disappearing? Article 112a, 2016–2025
- Article 112a explained on the law firm's website
- Search every case in Military Trial Results (members)
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
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.