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# Articles 128 and 91 in the Same Case: What the Records Show
- URL: https://www.bodiesburied.com/trends/article-128-and-article-91-charged-together/
- Published: 2026-10-30T08:15:42.000Z
- Updated: 2026-11-03T01:45:02.000Z
- Description: The records hold 24 Army, Navy, and Marine Corps courts-martial from 2021–2025 that charged both Article 128 (assault) and Article 91 (insubordination). The median confinement was 5 months, close to the 6 months in all Army, Navy, and Marine Corps cases charging Article 128.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128, Article 91

[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 91

**Short answer:** The records hold 24 Army, Navy, and Marine Corps courts-martial from 2021–2025 that charged both Article 128 (assault) and Article 91 (insubordination). The median confinement was 5 months, close to the 6 months in all Army, Navy, and Marine Corps cases charging Article 128\. 39% of cases were contested, about the same as the 40% in that comparison group.

Based on 24 cases · 2021–2025 · Army, Navy, and Marine Corps records · data updated October 24, 2026

## Who Was Charged

Among the accused with rank recorded, 19 were junior enlisted members (E-1 to E-4), 4 were NCOs (E-5 to E-9), and none were officers or warrant officers. That mix was more junior than all Army, Navy, and Marine Corps cases charging Article 128, where 58% were junior enlisted.

## Confinement in 21 of 23 Convictions

Of the 23 convictions, 21 carried confinement. The median term was 5 months. A quarter of the sentences that included confinement were 1 year or longer.

Sentences longer than 1 year came less often than in the comparison group: 5 of 23 convictions (22%), against 27%. Most terms were under 6 months. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

| Adjudged confinement            | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 128 |
| ------------------------------- | ----------- | ---------- | ------------------------------------------------------------------ |
| No confinement                  | 2           | 9%         | 15%                                                                |
| Under 6 months                  | 11          | 48%        | 38%                                                                |
| 6 months to 1 year              | 5           | 22%        | 20%                                                                |
| More than 1 year, under 5 years | 4           | 17%        | 18%                                                                |
| 5 years or more                 | 1           | 4%         | 9%                                                                 |

## General and Special Courts-Martial in Equal Numbers

12 cases were tried at a general court-martial and 12 at a special court-martial. The general share, 50%, was lower than the 62% in all Army, Navy, and Marine Corps cases charging Article 128.

General courts-martial in this group had a median confinement of 1 year. Special courts-martial had a median of 5 months. The contested share was 25% at general courts-martial and 55% at special courts-martial. Only a general court-martial can adjudge more than 1 year of confinement.

## Pleas

23 of the 24 records list the plea. 14 accused pleaded guilty and 9 contested at least one charge, a contested share of 39%. A contested case includes a not-guilty plea or a mixed plea.

## Punitive Discharges

14 of the 22 convicted enlisted members received a bad-conduct or dishonorable discharge (64%). That matched the 64% in all Army, Navy, and Marine Corps cases charging Article 128\. Only 1 of the 14 was a dishonorable discharge.

A sentence without a punitive discharge does not rule out a later administrative separation.

## Other Charges and Locations

No case charged assault by itself. Besides Article 91 (insubordination) in all 24, the most common charges were Article 134 (general article) in 9 cases, Article 90 (disobeying an officer) in 6, and Article 115 (communicating threats) and Article 92 (orders violation) in 4 each.

Camp Pendleton, California, and Fort Bragg had 3 cases each. Fort Hood, Vilseck (Europe), and Camp Lejeune, North Carolina, had 2 each. Larger installations try more cases of every kind.

## Trial Years and Rule Changes

There were 7 cases in 2021, 7 in 2022, 4 in 2023, 4 in 2024, and 2 in 2025\. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses. Assault is not itself a covered offense, but they can take an assault charge related to one. Because the records give trial dates rather than offense dates, the 2024 and 2025 trials may mix old-rule and new-rule cases.

The records do not show the evidence, the plea terms, or conduct handled outside a court-martial.

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 91 (24 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 91 (Insubordinate Conduct Toward NCO): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-91-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.