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Understanding Trends

Articles 115 and 129 in the Same Case: What the Records Show

The Army, Navy, and Marine Corps tried 11 courts-martial from 2021–2026 that charged both Article 115 (malingering before 2019; communicating threats since) and Article 129 (burglary before 2019; burglary and unlawful entry since).

Understanding Trends in Military Practice · 4 min read

Trends › By Offense › Article 115 › With Article 129

Short answer: The Army, Navy, and Marine Corps tried 11 courts-martial from 2021–2026 that charged both Article 115 (malingering before 2019; communicating threats since) and Article 129 (burglary before 2019; burglary and unlawful entry since). Special courts-martial heard 8 of them, and the general court-martial share was 27%, compared with 55% in all Army, Navy, and Marine Corps cases charging Article 115. 80% of convicted enlisted members received a punitive discharge, compared with 67% for Article 115 cases overall.

Based on 11 cases · 2021–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Special Courts-Martial Heard Most Cases

The records list 3 general courts-martial and 8 special courts-martial. A special court-martial caps confinement at one year and can impose a bad-conduct discharge but not a dishonorable discharge. A general court-martial can impose any lawful sentence.

The general court-martial share of 27% is lower than the 55% in all Army, Navy, and Marine Corps cases charging Article 115.

Discharges

A punitive discharge followed 80% of enlisted convictions: 8 bad-conduct discharges and 0 dishonorable discharges. In all Army, Navy, and Marine Corps cases charging Article 115, the share was 67%. A sentence without a punitive discharge does not rule out a later administrative separation.

Length of Confinement

All 11 cases ended in a conviction on at least one charge. Confinement was part of 9 of those sentences (82%). The median was 7 months, close to the 6 months median in all Army, Navy, and Marine Corps cases charging Article 115, and a quarter of the sentences with confinement were 11 months or longer.

These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. They cover every charge in the case.

Contested Cases and Guilty Pleas

There were 6 guilty pleas and 5 contested cases. A contested case has a not-guilty or mixed plea. The contested share of 45% is higher than the 37% in all Army, Navy, and Marine Corps cases charging Article 115.

Assault and Other Charges

Article 129 (burglary and unlawful entry) appears in all 11 cases. Article 128 (assault) was charged in 6 cases, Article 128b (domestic violence) in 4, and Article 131b (obstruction) and Article 90 (disobeying an officer) in 3 each.

Rank of the Accused

Among the accused with rank recorded, junior enlisted members (E-1 to E-4) made up 70%, NCOs 30%, and officers 0%. In all Army, Navy, and Marine Corps cases charging Article 115, junior enlisted members were 62%.

Years, Law Changes, and Limits

The cases were tried from October 2021 to April 2026. By year: 2021: 3, 2022: 3, 2023: 2, 2024: 1, 2025: 1, and 2026: 1, with 2026 a partial year.

Since December 28, 2023, special trial counsel, not commanders, have decided whether to prosecute covered offenses such as domestic violence. For cases where every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new parameters. The records do not give offense dates.

These records include only courts-martial. They leave out nonjudicial punishment, administrative separation, the evidence, and the plea terms.

For what the offense covers and how it is defended, see Article 115 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 115 and Article 129 (11 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.

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.

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