Articles 114 and 128 in the Same Case: What the Records Show

Trends › By Offense › Article 114 › With Article 128

Based on 16 cases · 2021–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

More Cases Were Contested

The plea is listed in 15 of the 16 records. Of those, 8 accused contested at least one charge and 7 pleaded guilty. A contested case is one with a not-guilty or mixed plea.

The contested share was 53%, higher than the 33% in all Army, Navy, and Marine Corps cases charging Article 114.

How Much Confinement Followed a Conviction?

There were 14 convictions, and confinement was part of 93% of them. The median confinement was 9 months; in all Army, Navy, and Marine Corps cases charging Article 114 it was 6 months. Among the sentences that included confinement, a quarter were 1.5 years or longer.

The figures are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers all charges in the case.

Punitive Discharges and Dismissal

A punitive discharge followed 54% of enlisted convictions: 6 bad-conduct discharges and 1 dishonorable discharge. That is lower than the 60% in all Army, Navy, and Marine Corps cases charging Article 114.

The group includes 1 convicted officer or warrant officer, who was dismissed, the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Officers and NCOs Made Up a Larger Share

Junior enlisted members (E-1 to E-4) made up 44% of the accused, NCOs 38%, and officers 19%. In all Army, Navy, and Marine Corps cases charging Article 114, junior enlisted members made up 56%.

General courts-martial heard 10 of the 16 cases (62%), compared with 54% in the comparison group. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Charges Beyond Article 114

Article 128 is in all 16 cases by definition. Article 115 (communicating threats) and Article 134 (general article) were each charged in 6 cases. Article 128b (domestic violence) and Article 92 (orders violation) were each charged in 4.

Years, Rule Changes, and Missing Information

Trials ran from January 2021 to August 2026. The yearly count was 2021: 5, 2022: 3, 2023: 1, 2024: 0, 2025: 4, and 2026: 3, with 2026 a partial year.

Special trial counsel have decided whether to prosecute covered offenses, such as sexual assault, domestic violence, and murder, since December 28, 2023. For offenses after December 27, 2023, when every guilty finding falls after that date, the military judge sets the sentence within new parameters. The records show trial dates only, so they cannot sort the 2024 and later trials by which rules applied.

Nonjudicial punishment and administrative separations are outside these records. The records also omit the evidence and any plea terms.

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

Compare: federal court. 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.