Assault Plus Obstruction: Courts-Martial Charging Articles 128 and 131b

Trends › By Offense › Article 128 › With Article 131b

Based on 90 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Obstruction Charged With Assault

Article 131b covers obstructing justice. The 90 courts-martial here charged it together with Article 128 (assault), with trials from January 2013 through August 2026.

The comparison group in this post is every Army, Navy, and Marine Corps case charging Article 128. The pleas and the ranks of the accused were similar to that group. The verdicts and sentences were different.

Verdicts in Contested Cases

A case is contested when the accused pleads not guilty to at least one charge. Of 31 contested cases that reached a verdict, 7 ended in a full acquittal (23%). For all Article 128 cases, the rate was 40%.

The most common result was a partial acquittal, in 15 cases (48%): not guilty of at least one charge or specification, and guilty of another. Those cases still went on to sentencing. Most contested cases in this pairing ended with at least one conviction.

Pleas Were Similar to Other Assault Cases

The plea is listed in 76 of the 90 records. There were 45 guilty pleas and 31 contested cases. The contested share was 41%, about the same as the 40% in the comparison group.

Longer Sentences

Confinement was part of 89% of the 83 convictions. The median confinement was 1 year, compared with the 6 months median for all Article 128 cases. A quarter of the sentences were 3 years or longer.

Confinement of more than one year was given in 34 of 83 convictions (41%), compared with 27%. Sentences of more than 1 year but under 5 years made up 27%, compared with 18%. 12 convictions (14%) were 5 years or more, compared with 9%. Sentences under 6 months made up 24%, compared with 38% for all assault cases. 9 convictions (11%) included no confinement, compared with 15%.

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

General and Special Courts-Martial

General courts-martial heard 58 of the 88 cases with a court level listed (66%), compared with 62% for all Article 128 cases. Special courts-martial heard 30, and the court level is not listed for 2. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

At general courts-martial, the median confinement was 2 years and 45% of cases were contested. At special courts-martial, the median was 5 months and 30% were contested.

Discharges and Dismissals

Of 76 convicted enlisted members, 55 received a punitive discharge: 36 bad-conduct and 19 dishonorable. For all Article 128 cases, 64% of convicted enlisted members received a punitive discharge.

Of 5 convicted officers or warrant officers, 4 were dismissed. Dismissal is the officer form of a punitive discharge. When no punitive discharge was adjudged, an administrative separation could still follow.

The Accused and Other Charges

Junior enlisted members (E-1 to E-4) made up 59% of the accused, about the same as the 58% for all Article 128 cases. NCOs were 34% and officers were 7%.

Other charges were common. Article 120 (sexual assault) was charged in 24 cases, Article 92 (orders violation) in 22, Article 134 (general article) in 20, and Article 107 (false official statement) in 19. When assault is charged with sexual assault, the 2 charges can describe parts of the same incident. The sentence covers the full case.

Years and Installations

The highest yearly count was 18 in 2021, followed by 11 in 2022. There were 2 cases in 2025 and 7 so far in 2026, a partial year.

Norfolk, Virginia had 10 cases, Camp Lejeune, North Carolina 8, San Diego, California 7, and Kaiserslautern (Europe) and Parris Island, South Carolina 4 each. These installations account for 37% of the 90 cases. Larger installations try more cases of every kind, so high counts do not show a problem at a base.

What the Records Do Not Show

The Military Justice Act of 2016 took effect on January 1, 2019. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault. Which rules applied depends on offense dates, which the records do not include. The records also do not include the evidence, the plea terms, nonjudicial punishment, or administrative separations, and they do not give reasons for outcomes.

For what the offense covers and how it is defended, see Article 128 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025 · Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences

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.