> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # When Article 113 and Article 128 Are Charged Together, How Do Cases End? - URL: https://www.bodiesburied.com/trends/article-113-and-article-128-charged-together/ - Published: 2026-10-30T08:15:37.000Z - Updated: 2026-11-03T01:45:03.000Z - Description: From 2021–2026, 24 Army, Navy, and Marine Corps courts-martial charged both Article 113 (misbehavior of a sentinel before 2019; drunken or reckless driving since) and Article 128 (assault). - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Article 113, Article 128 [Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 113](https://www.bodiesburied.com/trends/article-113-courts-martial/) › With Article 128 **Short answer:** From 2021–2026, 24 Army, Navy, and Marine Corps courts-martial charged both Article 113 (misbehavior of a sentinel before 2019; drunken or reckless driving since) and Article 128 (assault). The median confinement was 8 months, compared with 4 months in all Army, Navy, and Marine Corps cases charging Article 113\. General courts-martial heard 71% of these cases, against 34% for all Article 113 cases. Based on 24 cases · 2021–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026 ## A Higher Share of General Courts-Martial 17 of the 24 cases were general courts-martial (71%). In all Army, Navy, and Marine Corps cases charging Article 113, general courts-martial made up 34%. This matters for the possible sentence. 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. ## Confinement in Every Conviction Each of the 24 cases ended in a conviction on at least one charge, and all 24 sentences included confinement. The median confinement was 8 months. For all Army, Navy, and Marine Corps cases charging Article 113, the median was 4 months. Among the sentences that included confinement, a quarter were 1.7 years or longer. These figures are adjudged sentences, as announced at trial and before any plea-agreement cap, clemency, or appeal. A sentence covers every charge in the case. ## How Many Terms Exceeded One Year? 10 of the 24 convictions (42%) carried confinement of more than one year. Across all Army, Navy, and Marine Corps cases charging Article 113, 14% did. Only a general court-martial can adjudge more than one year. The band of more than 1 year and under 5 years held 9 convictions (38%), compared with 13% for all Article 113 cases. 1 conviction (4%) carried 5 years or more, compared with 2%. At the low end, 11 convictions (46%) carried under 6 months, about the same as the 48% for all Article 113 cases. Another 3 (12%) carried 6 months to 1 year, compared with 15%. None carried no confinement (0%), while 22% of all Article 113 convictions did. | Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 113 | | ------------------------------- | ----------- | ---------- | ------------------------------------------------------------------ | | No confinement | 0 | 0% | 22% | | Under 6 months | 11 | 46% | 48% | | 6 months to 1 year | 3 | 12% | 15% | | More than 1 year, under 5 years | 9 | 38% | 13% | | 5 years or more | 1 | 4% | 2% | ## Punitive Discharges A punitive discharge followed 68% of enlisted convictions: 14 bad-conduct discharges and 1 dishonorable discharge. In all Army, Navy, and Marine Corps cases charging Article 113, the share was 45%. The records also include 2 convicted officers or warrant officers. Neither was dismissed, which is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation. ## What Else Was Charged? Every case charged Article 128 along with Article 113\. The next most common charges were Article 134 (general article) in 5 cases, Article 92 (orders violation) in 5, Article 129 (burglary and unlawful entry) in 4, and Article 90 (disobeying an officer) in 4. ## Guilty Pleas and Contested Cases The accused pleaded guilty in 20 cases. 4 were contested, meaning the accused pleaded not guilty to at least one charge. The contested share, 17%, was lower than the 22% for all Army, Navy, and Marine Corps cases charging Article 113. ## Rank of the Accused The accused were 15 junior enlisted members (E-1 to E-4), 7 NCOs (E-5 to E-9), and 2 officers or warrant officers. The sheet describes this mix as more junior than all Army, Navy, and Marine Corps cases charging Article 113, where 56% were junior enlisted. ## Years and Locations The 24 cases were tried from June 2021 to August 2026\. By year: 2 in 2021, 3 in 2022, 7 in 2023, 5 in 2024, 4 in 2025, and 3 in 2026\. The 2026 count covers a partial year. Fort Hood and Kaiserslautern (Europe) had 3 cases each. Camp Pendleton, California, Fort Bliss, and Fort Riley had 2 each. These five installations account for 50% of the 24 cases. Larger installations try more cases of every kind, so a high count alone does not show a problem at a base. ## Changes in 2023 and What the Records Omit Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, 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 depend on the offense date. The records give only trial dates, so trials from 2024 on include cases under both the old and the new rules. The records show charges, pleas, findings, and sentences. They do not show the evidence, the plea terms, or conduct handled by nonjudicial punishment or administrative separation. For what the offense covers and how it is defended, see [Article 113 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-113/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/). ### How We Counted Army, Navy, and Marine Corps courts-martial that charged both Article 113 and Article 128 (24 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](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com. ## Related Analysis - [Article 113 (Misbehavior of a Sentinel Before 2019, Drunken or Reckless Driving Since): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-113-courts-martial/) (hub) - [Article 128 (Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128-courts-martial/) (hub) - [When Article 113 and Article 92 Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-113-and-article-92-charged-together/) - [When Article 113 and Article 134 Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-113-and-article-134-charged-together/) - [Articles 113 and 90 in the Same Case: What the Records Show](https://www.bodiesburied.com/trends/article-113-and-article-90-charged-together/) - [Is Army Drunken Or Reckless Driving Prosecution Rising or Falling? Article 113, 2021–2025](https://www.bodiesburied.com/trends/army-article-113-trend-2021-2025/) - [Air Force Article 113 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/air-force-article-113-trend-2021-2025/) - [Article 113 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-113/?ref=bodiesburied.com) - [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members) **Compare: federal court.** [Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-article-128/) **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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.