Army, Air Force, or Navy-Marine Corps: How Article 128b Cases Compare, 2021–2025
Courts-martial charging Article 128b (domestic violence) grew from 51 in 2021 to 190 in 2024 and 183 in 2025, for 654 cases across the Army, Air Force, Navy, and Marine Corps.
Understanding Trends in Military Practice · 6 min read
Trends › By Offense › Article 128b › Across the services
Short answer: Courts-martial charging Article 128b (domestic violence) grew from 51 in 2021 to 190 in 2024 and 183 in 2025, for 654 cases across the Army, Air Force, Navy, and Marine Corps. Of the contested cases that reached a verdict, 27% ended in a full acquittal (57 of 210), compared with 37% for all courts-martial in those years. A punitive discharge followed 70% of enlisted convictions, compared with 65% overall.
Domestic Violence Cases Grew Each Year
The yearly total was 51 in 2021, 81 in 2022, 149 in 2023, 190 in 2024, and 183 in 2025.
The Army count went from 31 in 2021 to 111 in 2024 and 109 in 2025. The Navy-Marine Corps count went from 10 in 2021 to 51 in 2024 and 40 in 2025. The Air Force count went from 10 in 2021 to 34 in 2025. Between 2022 and 2023, the Army count went from 62 to 97 and the Navy-Marine Corps count went from 10 to 30.
| Year | Army | Air Force | Navy-Marine Corps |
|---|---|---|---|
| 2021 | 31 | 10 | 10 |
| 2022 | 62 | 9 | 10 |
| 2023 | 97 | 22 | 30 |
| 2024 | 111 | 28 | 51 |
| 2025 | 109 | 34 | 40 |
The Army Had the Most Cases
The Army tried 410 of the 654 cases. Article 128b appeared in 17% of all Army courts-martial in these years. In the Air Force, the 103 cases were 9% of its courts-martial. In the Navy-Marine Corps, the 141 cases were 7% of its courts-martial.
| Service | Cases charging Article 128b | Share of that service's cases |
|---|---|---|
| Army | 410 | 17% |
| Air Force | 103 | 9% |
| Navy-Marine Corps | 141 | 7% |
The Air Force Contested More Often
In the Air Force, 46% of 94 Article 128b cases with a plea recorded were contested, meaning the accused pleaded not guilty to at least one charge. The Army share was 30% of 410, and the Navy-Marine Corps share was 32% of 141.
Among contested cases that reached a verdict, 31% of 122 Army cases ended in a full acquittal. The Navy-Marine Corps rate was 16% of 45 cases. Air Force records rarely list the charges when every charge ends in acquittal, so no Air Force acquittal rate is given for this offense. Counting every contested case with a verdict in the records, 57 of 210 ended in a full acquittal (27%), lower than the 37% for all courts-martial.
| Service | Contested share | Cases with a plea recorded | Full acquittal (contested, verdict reached) | Contested cases with a verdict |
|---|---|---|---|---|
| Army | 30% | 410 | 31% | 122 |
| Air Force | 46% | 94 | — | — |
| Navy-Marine Corps | 32% | 141 | 16% | 45 |
Longer Sentences in the Air Force
The Air Force median confinement was 10 months, from 88 convictions. Confinement was part of 97% of those sentences, and 38% were longer than 1 year.
The Army median was 6 months from 372 convictions, with 83% including confinement and 21% longer than 1 year. The Navy-Marine Corps median was 5 months from 134 convictions, with 82% including confinement and 15% longer than 1 year.
Sentences here are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case, which can include charges other than domestic violence.
| Service | Convictions | Included confinement | Median confinement | More than 1 year |
|---|---|---|---|---|
| Army | 372 | 83% | 6 months | 21% |
| Air Force | 88 | 97% | 10 months | 38% |
| Navy-Marine Corps | 134 | 82% | 5 months | 15% |
Punitive Discharges and Court Level
The Army imposed a punitive discharge on 73% of 344 convicted enlisted members. The Air Force rate was 72% of 82. The Navy-Marine Corps rate was 61% of 129. Across the three services, the combined rate of 70% was higher than the 65% for all courts-martial in those years. A punitive discharge means a bad-conduct or dishonorable discharge.
The Navy-Marine Corps tried 35% of its cases at a general court-martial. The Army share was 72%, and the Air Force share was 67%. A general court-martial can impose any lawful sentence, while a special court-martial caps confinement at one year and cannot impose a dishonorable discharge.
| Service | Convicted enlisted members | Punitive discharge | General court-martial share |
|---|---|---|---|
| Army | 344 | 73% | 72% |
| Air Force | 82 | 72% | 67% |
| Navy-Marine Corps | 129 | 61% | 35% |
Rank of the Accused
NCOs (E-5 to E-9) made up 36% of the accused with rank recorded in both the Army and the Air Force, and 35% in the Navy-Marine Corps. Junior enlisted members (E-1 to E-4) were 55% in the Army, 56% in the Air Force, and 61% in the Navy-Marine Corps.
Officers were 9% of Army accused, 8% of Air Force accused, and 4% of Navy-Marine Corps accused. The Navy-Marine Corps shares use 139 cases with a rank listed.
| Service | Cases with rank | Junior enlisted (E-1 to E-4) | NCOs (E-5 to E-9) | Officers |
|---|---|---|---|---|
| Army | 410 | 55% | 36% | 9% |
| Air Force | 103 | 56% | 36% | 8% |
| Navy-Marine Corps | 139 | 61% | 35% | 4% |
A Covered Offense Since December 2023
Domestic violence is one of the covered offenses. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. When every guilty finding in a case is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters.
Both rules turn on the offense date, which the records do not give. The growth in Article 128b cases happened over the same years, and the records cannot show whether the law changes caused it.
Limits of These Records
The records cover only cases that reached a court-martial. They do not show the evidence, the relationship between the people involved, or the plea terms. Cases handled through nonjudicial punishment or administrative separation are not included, and a sentence without a punitive discharge does not rule out a later administrative separation.
For what the offense covers and how it is defended, see Article 128b on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.
How We Counted
Courts-martial in all three service groups with trial dates in 2021–2025 that charged Article 128b (654 cases). Coast Guard cases are not included.
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 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends (hub)
- By Offense (hub)
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- Army, Air Force, or Navy-Marine Corps: How Article 107 Cases Compare, 2021–2025
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- Army, Air Force, or Navy-Marine Corps: How Article 120 Cases Compare, 2021–2025
- Article 128b explained on the law firm's website
- Search every case in Military Trial Results (members)
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.