> ## 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. # When Article 128b and Article 86 Are Charged Together, How Do Cases End? - URL: https://www.bodiesburied.com/trends/article-128b-and-article-86-charged-together/ - Published: 2026-10-30T08:16:22.000Z - Updated: 2026-10-30T08:16:22.000Z - Description: 13 Army, Navy, and Marine Corps courts-martial from 2020–2025 charged both Article 128b (domestic violence) and Article 86 (AWOL). Only 1 accused contested a charge (8%), against 28% in all Army, Navy, and Marine Corps cases charging Article 128b. - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Article 128b, Article 86 [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 86 **Short answer:** 13 Army, Navy, and Marine Corps courts-martial from 2020–2025 charged both Article 128b (domestic violence) and Article 86 (AWOL). Only 1 accused contested a charge (8%), against 28% in all Army, Navy, and Marine Corps cases charging Article 128b. The median confinement was 8 months, compared with 6 months in that group. Based on 13 cases · 2020–2025 · Army, Navy, and Marine Corps records · data updated October 24, 2026 ## Nearly Every Accused Pleaded Guilty 12 of the 13 records list the plea. 11 accused pleaded guilty and 1 contested at least one charge, a contested share of 8%. In all Army, Navy, and Marine Corps cases charging Article 128b, the contested share was 28%. A contested case is one where the accused pleads not guilty to at least one charge, including a mixed plea. ## Confinement in 12 of 13 Convictions All 13 cases ended in a conviction, and 12 of them carried confinement. The median term was 8 months, longer than the 6 months in all Army, Navy, and Marine Corps cases charging Article 128b. A quarter of the sentences that included confinement were 1.2 years or longer. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. One sentence covers all of the charges in a case. ## Bad-Conduct Discharges, No Dishonorable Discharges 77% of the enlisted convictions ended with a punitive discharge, compared with 69% in all Army, Navy, and Marine Corps cases charging Article 128b. All 10 were bad-conduct discharges, and none were dishonorable. A sentence without a punitive discharge does not rule out a later administrative separation. ## Assault and Disobedience Charges Each case charged at least 1 article besides domestic violence. Next to Article 86 (AWOL) in all 13, the most common were Article 128 (assault) in 6 cases, Article 90 (disobeying an officer) in 5, Article 115 (malingering before 2019; communicating threats since) in 4, and Article 92 (orders violation) in 3. ## Rank and Court Level 9 accused were junior enlisted members (E-1 to E-4) and 4 were NCOs (E-5 to E-9). No officers or warrant officers appear. This group was more junior than all Army, Navy, and Marine Corps cases charging Article 128b, where 57% were junior enlisted. 8 of the 13 cases were general courts-martial (62%), about the same as the 61% in the comparison group. A special court-martial is limited to 1 year of confinement and cannot impose a dishonorable discharge. ## Trial Years, Rules, and Limits The cases were tried from June 2020 to October 2025: 2 in 2020, 2 in 2021, 3 in 2022, 1 in 2023, 3 in 2024, and 2 in 2025\. Domestic violence became its own article, Article 128b, for offenses on or after January 1, 2019\. It is a covered offense, so since December 28, 2023, special trial counsel make the decision to prosecute it. Because the records list trial dates and not offense dates, trials from 2024 on may include cases under either the old or the new rules. The evidence, the plea terms, nonjudicial punishment, and administrative separation are not in these records. 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 86 (13 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 86 (AWOL): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-86-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) **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.