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# Articles 128b and 131b in the Same Case: What the Records Show
- URL: https://www.bodiesburied.com/trends/article-128b-and-article-131b-charged-together/
- Published: 2026-10-28T06:55:44.000Z
- Updated: 2026-11-03T01:47:09.000Z
- Description: Domestic violence cases (Article 128b) that also charged obstruction (Article 131b, numbered since 2019) were contested much more often than domestic violence cases overall.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 128b, Article 131b

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 128b](https://www.bodiesburied.com/trends/article-128b-courts-martial/) › With Article 131b

**Short answer:** Domestic violence cases (Article 128b) that also charged obstruction (Article 131b, numbered since 2019) were contested much more often than domestic violence cases overall. Of 34 Army, Navy, and Marine Corps courts-martial from 2020–2026, 58% were contested, compared with 28% for all Article 128b cases. The median confinement was 10 months, compared with 6 months.

Based on 34 cases · 2020–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

## Most Cases Were Contested

The plea is listed for 33 of the 34 cases. There were 19 contested pleas and 14 guilty pleas. A case is contested when the accused pleads not guilty to at least one charge, either fully or as part of a mixed plea.

The contested share, 58%, compares with 28% across all Army, Navy, and Marine Corps cases charging Article 128b.

## Verdicts in Contested Cases

Of the 19 contested cases that reached a verdict, 32% ended in a full acquittal. That is slightly higher than the 28% for all Article 128b cases. Another 11 contested cases ended in a partial acquittal: not guilty of at least one charge or specification, and guilty of another.

Overall, 28 of the 34 cases ended in a conviction on at least one charge. There are few contested cases here, so the difference between 32% and 28% is a difference of very few verdicts. The rates are about the same.

## Almost All Were General Courts-Martial

General courts-martial heard 31 of the 34 cases (91%), compared with 61% across all domestic violence cases in these services. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at 1 year and cannot impose a dishonorable discharge.

This matters for the sentence figures below, because only a general court-martial can impose more than 1 year of confinement.

## Longer Confinement Than in Other Domestic Violence Cases

Of 28 convictions, 23 included confinement. The median confinement was 10 months, compared with 6 months for all Article 128b cases. A quarter of the terms were 3.7 years or longer. These are adjudged sentences: the sentences announced at trial, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Terms of more than 1 year followed 11 of 28 convictions (39%), compared with 20% in the comparison group. Terms of more than 1 year but under 5 years followed 10 convictions (36%), compared with 16% across all domestic violence cases. Terms under 6 months were less common: 9 convictions (32%), compared with 42%. Another 5 convictions (18%) included no confinement, compared with 16%.

| Adjudged confinement            | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 128b |
| ------------------------------- | ----------- | ---------- | ------------------------------------------------------------------- |
| No confinement                  | 5           | 18%        | 16%                                                                 |
| Under 6 months                  | 9           | 32%        | 42%                                                                 |
| 6 months to 1 year              | 3           | 11%        | 21%                                                                 |
| More than 1 year, under 5 years | 10          | 36%        | 16%                                                                 |
| 5 years or more                 | 1           | 4%         | 4%                                                                  |

## Discharges and Dismissals

Of 24 convicted enlisted members, 17 received a punitive discharge: 12 bad-conduct discharges and 5 dishonorable discharges. For all Article 128b cases in these services, the share was 69%.

The records list 4 convicted officers or warrant officers, and 2 were dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence without one does not rule out an administrative separation later. These records do not include administrative separations.

## Who Was Accused?

The accused were 15 junior enlisted members, 13 NCOs, and 6 officers. This group is more senior than all Article 128b cases.

Article 128 (assault) and Article 90 (disobeying an officer) were each charged in 8 of these cases. Article 119b (child endangerment) and Article 92 (orders violation) were each charged in 7.

## A Recent Group of Cases

Article 128b, the domestic violence article, applies only to offenses on or after January 1, 2019\. Earlier conduct was charged under other articles. The first cases in this group were tried in November 2020, and the records include cases through May 2026.

There were 2 cases each in 2020 and 2021, and 12 in 2024\. There were 5 cases in 2025, and the 2026 count of 4 covers only part of the year. Fort Bliss had 4 of these cases. Fort Bragg, Camp Lejeune, North Carolina, Camp Pendleton, California, and Marine Corps Base Hawaii, Kaneohe Bay, had 2 each. These five installations account for 35% of the cases.

## Rule Changes and Gaps

Article 128b is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. For offenses after December 27, 2023, a military judge sets the sentence under new sentencing parameters. Both rules depend on the offense date, which the records do not give. So trials from 2024 on include cases under both the old and new rules, and the records cannot show whether either change affected these figures.

Cases resolved through nonjudicial punishment, administrative separation, or no action are not counted. The records also do not describe the evidence or the plea terms.

For what the offense covers and how it is defended, see [Article 128b on the law firm's website](https://www.ucmj-defender.com/ucmj/article-128b-domestic-violence/?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 128b and Article 131b (34 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 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128b-courts-martial/) (hub)
- [Article 131b (Obstruction, Numbered Since 2019): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-131b-courts-martial/) (hub)
- [Domestic Violence Plus Disobeying An Officer: Courts-Martial Charging Articles 128b and 90](https://www.bodiesburied.com/trends/article-128b-and-article-90-charged-together/)
- [Articles 128b and 92 in the Same Case: What the Records Show](https://www.bodiesburied.com/trends/article-128b-and-article-92-charged-together/)
- [When Article 128b and Article 134 Are Charged Together, How Do Cases End?](https://www.bodiesburied.com/trends/article-128b-and-article-134-charged-together/)
- [Is Army Domestic Violence Prosecution Rising or Falling? Article 128b, 2021–2025](https://www.bodiesburied.com/trends/army-article-128b-trend-2021-2025/)
- [Air Force Article 128b Cases by the Numbers, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-128b-trend-2016-2025/)
- [Article 128b explained on the law firm's website](https://www.ucmj-defender.com/ucmj/article-128b-domestic-violence/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**Compare: federal court.** [Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences](https://www.bodiesburied.com/trends/federal-obstruction-perjury-vs-courts-martial/)

**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.