Articles 128 and 91 in the Same Case: What the Records Show
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.
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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.
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. Dates and sources for the law changes: 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, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Article 128 (Assault): Court-Martial Data and Trends (hub)
- Article 91 (Insubordinate Conduct Toward NCO): Court-Martial Data and Trends (hub)
- Assault Plus Orders Violation: Courts-Martial Charging Articles 128 and 92
- Assault Plus General Article: Courts-Martial Charging Articles 128 and 134
- When Article 128 and Article 80 Are Charged Together, How Do Cases End?
- Army Article 128 Cases by the Numbers, 2021–2025
- Fewer or More? Assault Charges at Air Force Courts-Martial, 2016–2025
- Article 128 explained on the law firm's website
- Search every case in Military Trial Results (members)
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.