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# When Article 115 and Article 131b Are Charged Together, How Do Cases End?
- URL: https://www.bodiesburied.com/trends/article-115-and-article-131b-charged-together/
- Published: 2026-10-30T08:15:57.000Z
- Updated: 2026-11-03T01:45:00.000Z
- Description: Army, Navy, and Marine Corps records include 18 courts-martial from 2021–2026 that charged both Article 115 (malingering before 2019; communicating threats since) and Article 131b (obstruction, numbered since 2019).
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 115, Article 131b

[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 131b

**Short answer:** Army, Navy, and Marine Corps records include 18 courts-martial from 2021–2026 that charged both Article 115 (malingering before 2019; communicating threats since) and Article 131b (obstruction, numbered since 2019). 67% were contested, compared with 37% in all Army, Navy, and Marine Corps cases charging Article 115\. Of 12 contested cases with a verdict, 4 ended in a full acquittal (33%), compared with 25% for Article 115 cases overall.

Based on 18 cases · 2021–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

## Full and Partial Acquittals

A full acquittal means not guilty of every charge. Of the 12 contested cases with a verdict, 4 ended that way (33%). The full-acquittal rate is higher than the 25% in all Army, Navy, and Marine Corps cases charging Article 115.

Another 5 contested cases ended in a partial acquittal (42%). In those cases the accused was found not guilty of at least one charge or specification but guilty of another.

## How Many Cases Were Contested?

Contested cases, those with a not-guilty or mixed plea, numbered 12\. Guilty pleas numbered 6\. The contested share of 67% compares with 37% in all Army, Navy, and Marine Corps cases charging Article 115.

## Confinement After Conviction

Of the 18 cases, 14 ended in a conviction on at least one charge, and 13 of those sentences included confinement (93%). The median was 6 months, the same as the 6 months median in all Army, Navy, and Marine Corps cases charging Article 115\. Among the sentences that included confinement, a quarter were 1 year or longer.

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

## Punitive Discharges

Among 13 enlisted members convicted, 11 received a bad-conduct or dishonorable discharge (85%), more often than in all Army, Navy, and Marine Corps cases charging Article 115 (67%). Of those 11, 1 was a dishonorable discharge.

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

## Other Charges in These Cases

Every case charged Article 131b along with Article 115\. Article 128 (assault) appeared in 9 cases, Article 92 (orders violation) in 7, Article 120 (sexual assault) in 6, and Article 128b (domestic violence) in 4.

## Rank and Court Level

Junior enlisted members (E-1 to E-4) made up 67% of the accused, NCOs 22%, and officers 11%. Across all Army, Navy, and Marine Corps cases charging Article 115, junior enlisted members made up 62%.

General courts-martial heard 11 of the 18 cases (61%); special courts-martial heard the rest. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

## Trial Years, Rule Changes, and Limits

Trials ran from January 2021 through June 2026: 2021: 8, 2022: 1, 2023: 0, 2024: 4, 2025: 2, and 2026: 3\. The 2026 count is for part of the year.

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault and domestic violence. Military judges set the sentence within new parameters when every guilty finding is for an offense after December 27, 2023\. Because the records give trial dates, not offense dates, trials from 2024 on combine cases under both sets of rules.

The records do not include nonjudicial punishment or administrative separations, and they do not describe the evidence or plea terms.

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 131b (18 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 131b (Obstruction, Numbered Since 2019): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-131b-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 128b Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-115-and-article-128b-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/)
- [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)

**Compare: federal court.** [Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences](https://www.bodiesburied.com/trends/federal-obstruction-perjury-vs-courts-martial/)

**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.