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# When Article 115 and Article 128b Are Charged Together, How Do Cases End?
- URL: https://www.bodiesburied.com/trends/article-115-and-article-128b-charged-together/
- Published: 2026-10-28T06:55:33.000Z
- Updated: 2026-10-30T08:14:49.000Z
- Description: Of 50 Army, Navy, and Marine Corps courts-martial from 2021–2026 that charged both Article 115 (communicating threats) and Article 128b (domestic violence), 52% were contested, compared with 37% for all Article 115 cases in those services.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 115, Article 128b

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 115](https://www.bodiesburied.com/trends/article-115-courts-martial/) › With Article 128b

**Short answer:** Of 50 Army, Navy, and Marine Corps courts-martial from 2021–2026 that charged both Article 115 (communicating threats) and Article 128b (domestic violence), 52% were contested, compared with 37% for all Article 115 cases in those services. The median confinement was 8 months, compared with 6 months. 5 of 26 contested cases that reached a verdict ended in a full acquittal (19%).

Based on 50 cases · 2021–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

## 52% of Cases Were Contested

Cases that charged threats and domestic violence together were contested more often than threat cases overall. Of the 50 cases, 26 had a not-guilty or mixed plea and 24 had a guilty plea. A case is contested when the accused pleads not guilty to at least one charge. The contested share was 52%. For all Army, Navy, and Marine Corps cases charging Article 115, it was 37%.

The plea is recorded for every case in this group, so the share is based on all 50 cases. Since 2019, Article 115 has covered communicating threats.

## Partial Acquittals Were the Most Common Result

Of the 26 contested cases that reached a verdict, 5 ended in a full acquittal (19%). That is lower than the 25% for all Article 115 cases.

In 19 cases (73%), the result was a partial acquittal: the accused was found not guilty of at least one charge or specification and guilty of another. In these records, a partial acquittal was the most common result of a contested trial for this pairing.

## Almost Every Conviction Included Confinement

Confinement was part of 96% of the 45 convictions. The median confinement was 8 months, compared with 6 months for all Article 115 cases. A quarter of the sentences were 1 year or longer.

Sentences over one year were slightly less common than in the comparison group: 11 of 45 convictions (24%), compared with 28%. The most common length was under 6 months, with 18 convictions (40%). These are adjudged sentences, imposed at trial before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

| Adjudged confinement            | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 115 |
| ------------------------------- | ----------- | ---------- | ------------------------------------------------------------------ |
| No confinement                  | 2           | 4%         | 8%                                                                 |
| Under 6 months                  | 18          | 40%        | 38%                                                                |
| 6 months to 1 year              | 14          | 31%        | 26%                                                                |
| More than 1 year, under 5 years | 7           | 16%        | 21%                                                                |
| 5 years or more                 | 4           | 9%         | 7%                                                                 |

## Most Cases Were General Courts-Martial

Of the 50 cases, 34 were general courts-martial (68%), compared with 55% for all Article 115 cases. The other 16 were special courts-martial. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

At general courts-martial, 97% of convictions included confinement, with a median of 9 months. At special courts-martial, 93% did, with a median of 4 months.

## Punitive Discharges at the Same Rate as Other Threat Cases

Of 43 enlisted members convicted, 29 received a bad-conduct or dishonorable discharge (67%). That is the same as the 67% for all Article 115 cases. Of those 29, 6 were dishonorable discharges.

The records list 2 convicted officers or warrant officers. 1 of them was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation, which these records do not show.

## Who Was Charged?

Junior enlisted members (E-1 to E-4) made up 56% of the accused, NCOs (E-5 to E-9) 36%, and officers 8%. For all Article 115 cases, junior enlisted members were 62%. NCOs made up a larger share of this group than of the comparison group.

## Assault, Orders, and Sexual Assault Charges

Article 128 (assault) was charged in 23 of the 50 cases and Article 92 (orders violation) in 12\. Article 90 (disobeying an officer) and Article 120 (sexual assault) were each charged in 10\. Each sentence covers all charges of conviction together, so these other charges are part of the confinement and discharge numbers.

## Years and Installations

Trials took place from January 2021 through March 2026\. There were 4 cases in 2021, 14 in 2022, 9 in 2023, 14 in 2024, and 5 in 2025\. The count of 4 for 2026 covers part of the year.

Fort Bragg had 7 cases, Joint Base Lewis-McChord 5, Fort Riley and Fort Bliss 4 each, and Quantico, Virginia 3\. These installations account for 46% of the 50 cases. A larger installation tries more cases of every kind, so a high count does not by itself say anything about one base.

## Rule Changes the Records Cannot Separate

Domestic violence is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. For offenses after December 27, 2023, the military judge sets the sentence within new parameters. Both rules depend on the offense date, which the records do not give. Trials from 2024 on include cases under both the old and new rules, and the data cannot show whether the change affected these outcomes.

The records also do not include the evidence, the plea terms, or matters resolved through nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see [Article 115 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-115/?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 115 and Article 128b (50 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 115 (Malingering Before 2019, Communicating Threats Since): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-115-courts-martial/) (hub)
- [Article 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128b-courts-martial/) (hub)
- [Communicating Threats Plus Assault: Courts-Martial Charging Articles 115 and 128](https://www.bodiesburied.com/trends/article-115-and-article-128-charged-together/)
- [When Article 115 and Article 92 Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-115-and-article-92-charged-together/)
- [When Article 115 and Article 134 Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-115-and-article-134-charged-together/)
- [Army Article 115 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-115-trend-2021-2025/)
- [Air Force Article 115 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/air-force-article-115-trend-2021-2025/)
- [Article 115 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-115/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**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.