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Understanding Trends

Articles 116 and 128 in the Same Case: What the Records Show

Across 2014–2026, 11 Army, Navy, and Marine Corps courts-martial charged both Article 116 (riot or breach of peace) and Article 128 (assault).

Understanding Trends in Military Practice · 4 min read

Trends › By Offense › Article 116 › With Article 128

Short answer: Across 2014–2026, 11 Army, Navy, and Marine Corps courts-martial charged both Article 116 (riot or breach of peace) and Article 128 (assault). Every conviction included confinement, with a median of 3 months, compared with 2 months in all Army, Navy, and Marine Corps cases charging Article 116. 70% of convicted enlisted members received a punitive discharge, compared with 62% for Article 116 cases overall.

Based on 11 cases · 2014–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Confinement in Every Conviction

Confinement was part of 100% of the 11 convictions. The median term was 3 months; in all Army, Navy, and Marine Corps cases charging Article 116, it was 2 months.

The range was wide. Among the sentences that included confinement, a quarter were 2.3 years or longer. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

Punitive Discharges

Of 10 convicted enlisted members, 7 left with a punitive discharge: 5 bad-conduct discharges and 2 dishonorable discharges. In all Army, Navy, and Marine Corps cases charging Article 116, the share was 62%. A sentence without a punitive discharge does not rule out a later administrative separation.

Charges in These Cases

Article 128 (assault) appears in all 11 cases. Article 92 (orders violation) and Article 89 (disrespect) were each charged in 4 cases, and Article 81 (conspiracy) and Article 134 (general article) in 2 each.

Rank and Court Level

Among the accused with rank recorded, 6 were junior enlisted members and 4 were NCOs. No officers appear. The group is more junior than all Army, Navy, and Marine Corps cases charging Article 116.

The records list 4 general and 7 special courts-martial. The general court-martial share was 36%, the same as the 36% in the comparison group. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Cases by Year

The trials ran from May 2014 to March 2026. By year: 2014: 1, 2015: 0, 2016: 0, 2017: 0, 2018: 2, 2019: 0, 2020: 0, 2021: 2, 2022: 1, 2023: 2, 2024: 0, 2025: 2, and 2026: 1. The 2026 count is a partial year.

Law Changes in This Period

The Military Justice Act of 2016 took effect on January 1, 2019. It set fixed panel sizes, created judge-alone special courts-martial capped at six months with no punitive discharge, and introduced written plea agreements. Cases with offenses from before 2019 stayed under the old rules.

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 is for an offense after December 27, 2023, the military judge sets the sentence within new parameters. The records give trial dates, not offense dates, so they cannot show which rules applied to a given case.

What These Records Do Not Show

No plea or verdict figures are available for this group. The records cover courts-martial only, not nonjudicial punishment or administrative separation, and they do not describe the evidence.

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

How We Counted

Army, Navy, and Marine Corps courts-martial that charged both Article 116 and Article 128 (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.

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.

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