> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # Articles 128 and 90 in the Same Case: What the Records Show - URL: https://www.bodiesburied.com/trends/article-128-and-article-90-charged-together/ - Published: 2026-10-28T06:55:11.000Z - Updated: 2026-11-03T01:47:21.000Z - Description: Few cases that charged assault (Article 128) together with disobeying an officer (Article 90) ended in a full acquittal. - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Article 128, Article 90 [Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 128](https://www.bodiesburied.com/trends/article-128-courts-martial/) › With Article 90 **Short answer:** Few cases that charged assault (Article 128) together with disobeying an officer (Article 90) ended in a full acquittal. Across 98 Army, Navy, and Marine Corps courts-martial from 2015–2026, only 6% of the 32 contested cases that reached a verdict ended in a full acquittal, compared with 40% for all Article 128 cases. The median confinement was 11 months, compared with 6 months. Based on 98 cases · 2015–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026 ## Partial Acquittals, Not Full Acquittals A case is contested when the accused pleads not guilty to at least one charge. Of the 32 contested cases that reached a verdict, only 6% ended in a full acquittal. That is much lower than the 40% across all Army, Navy, and Marine Corps cases charging Article 128. Partial acquittals were the most common result in contested cases. In 26 of the 32, the accused was found not guilty of at least one charge or specification and guilty of another. ## How Often Were the Charges Contested? The plea appears in 84 of the 98 records. Of those, 52 were guilty pleas and 32 were not-guilty or mixed pleas. The contested share was 38%. For all assault cases in these services, it was 40%. So cases here were contested about as often as other assault cases, but contested cases ended in a full acquittal less often. ## Longer Confinement Than for All Assault Cases Confinement was part of 90% of the 96 convictions. The median confinement was 11 months, compared with 6 months across all Article 128 cases. A quarter of the terms were 1.8 years or longer. These are adjudged sentences: the sentences set at trial, before any plea-agreement cap, clemency, or appeal. Each one covers every charge in the case, including the disobedience charge and any other charge. ## Sentences by Length Sentences of more than 1 year followed 36 of 96 convictions (38%), compared with 27% across all assault cases. Terms between 6 months and 1 year followed 29 convictions (30%). Terms of more than 1 year but under 5 years followed 28 convictions (29%). Terms under 6 months followed 21 convictions (22%), compared with 38% in the comparison group. | Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 128 | | ------------------------------- | ----------- | ---------- | ------------------------------------------------------------------ | | No confinement | 10 | 10% | 15% | | Under 6 months | 21 | 22% | 38% | | 6 months to 1 year | 29 | 30% | 20% | | More than 1 year, under 5 years | 28 | 29% | 18% | | 5 years or more | 8 | 8% | 9% | ## Most Cases Went to a General Court-Martial General courts-martial heard 66 cases and special courts-martial heard 31\. The court level is not listed for 1 case. The general court-martial share, 68%, is higher than the 62% for all assault cases. A general court-martial can impose any lawful sentence. A special court-martial is limited to 1 year of confinement and cannot impose a dishonorable discharge. The median confinement was 1.5 years at general courts-martial and 6 months at special courts-martial. The contested share was 43% at general courts-martial and 26% at special courts-martial. ## Discharges for Enlisted Members and Officers Of 90 convicted enlisted members, 70 received a punitive discharge: 55 bad-conduct discharges and 15 dishonorable discharges. Across all Article 128 cases in these services, the share was 64%. The records list 5 convicted officers or warrant officers, and 2 were dismissed. Dismissal is the officer equivalent of a punitive discharge. A member who receives no punitive discharge can still be separated administratively later. ## Other Charges and Rank Article 134 (general article) was charged in 26 of these cases and Article 120 (sexual assault) in 18\. Article 115 (malingering before 2019; communicating threats since) and Article 92 (orders violation) were charged in 17 each. When assault is charged with sexual assault, both charges can concern the same incident. The sentence covers the whole case. The accused were 73 junior enlisted members, 19 NCOs, and 5 officers. This group is more junior than all Article 128 cases. ## The Highest Count Was in 2021 The 98 cases were tried from February 2015 to April 2026\. The highest yearly count was 29 cases in 2021\. There were 14 cases in 2022, and no other year had more than 11\. The 2026 count covers only part of the year. Fort Bragg and Camp Lejeune, North Carolina had 9 of these cases each. Fort Campbell had 7, and Fort Bliss and Fort Hood had 6 each. These five installations account for 38% of the total. Larger installations try more cases of every kind. ## Limits of the Data Court-martial rules changed in 2019 under the Military Justice Act of 2016\. They changed again for some offenses on December 28, 2023\. The records give the trial date, not the offense date. So they cannot show which rules applied to each case, or whether a rule change affected these numbers. Nonjudicial punishment and administrative separations are not counted. The records do not describe the evidence or the plea terms. For what the offense covers and how it is defended, see [Article 128 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?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 128 and Article 90 (98 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 128 (Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128-courts-martial/) (hub) - [Article 90 (Willfully Disobeying Superior Officer): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-90-courts-martial/) (hub) - [Assault Plus Orders Violation: Courts-Martial Charging Articles 128 and 92](https://www.bodiesburied.com/trends/article-128-and-article-92-charged-together/) - [Assault Plus General Article: Courts-Martial Charging Articles 128 and 134](https://www.bodiesburied.com/trends/article-128-and-article-134-charged-together/) - [When Article 128 and Article 80 Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-128-and-article-80-charged-together/) - [Army Article 128 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-128-trend-2021-2025/) - [Fewer or More? Assault Charges at Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-128-trend-2016-2025/) - [Article 128 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-128/?ref=bodiesburied.com) - [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members) **Compare: federal court.** [Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-article-128/) **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.