Articles 128b and 92 in the Same Case: What the Records Show
All 71 Army, Navy, and Marine Corps courts-martial from 2020–2026 that charged domestic violence (Article 128b) together with an orders violation (Article 92) ended in a conviction on at least one charge.
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Short answer: All 71 Army, Navy, and Marine Corps courts-martial from 2020–2026 that charged domestic violence (Article 128b) together with an orders violation (Article 92) ended in a conviction on at least one charge. The median confinement was 8 months, compared with 6 months for all Article 128b cases. Of cases with a recorded plea, 24% were contested, compared with 28%.
Every Case Ended in a Conviction
All 71 cases ended in a conviction on at least one charge. This includes the contested cases. A contested case is one where the accused pleaded not guilty to at least one charge, and 17 contested cases reached a verdict.
None of those 17 cases ended in a full acquittal: 0 of 17, or 0%. Across all Army, Navy, and Marine Corps cases charging Article 128b, 28% of contested cases that reached a verdict ended in a full acquittal. A partial acquittal means the accused was found not guilty of at least one charge or specification and guilty of another. In a partial acquittal, the case still ends in a sentence.
Pleas
The plea is recorded for 70 of the 71 cases. There were 53 guilty pleas and 17 contested pleas, so 24% of cases were contested. Across all Army, Navy, and Marine Corps cases charging Article 128b, the share was 28%.
How Much Confinement?
Confinement was part of 66 of the 71 sentences (93%). The median confinement was 8 months, compared with 6 months for all domestic violence cases in these services. A quarter of the sentences were 1 year or longer.
These are adjudged sentences: the sentences imposed at trial, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case, including the orders violation and any other charges.
Sentences by Length
Terms of more than 1 year followed 16 of 71 convictions (23%), about the same as the 20% for all Article 128b cases. The largest difference is in the middle range. Terms from 6 months to 1 year followed 22 convictions (31%), compared with 21% in the comparison group.
Only 5 convictions (7%) included no confinement, compared with 16% across all domestic violence cases. Terms of 5 years or more followed 3 convictions (4%), the same as the 4% for all domestic violence cases.
| Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 128b |
|---|---|---|---|
| No confinement | 5 | 7% | 16% |
| Under 6 months | 28 | 39% | 42% |
| 6 months to 1 year | 22 | 31% | 21% |
| More than 1 year, under 5 years | 13 | 18% | 16% |
| 5 years or more | 3 | 4% | 4% |
General and Special Courts-Martial
General courts-martial heard 61% of these cases (43 of 71). Special courts-martial heard the other 28. A general court-martial can impose long confinement and a dishonorable discharge. A special court-martial is capped at 1 year of confinement and a bad-conduct discharge.
At general courts-martial, the median confinement was 11 months, and 38% of cases were contested. At special courts-martial, the median confinement was 3 months, and 4% of cases were contested.
Discharges at About the Usual Rate
Of 68 convicted enlisted members, 47 received a punitive discharge: 41 bad-conduct discharges and 6 dishonorable discharges. For all Article 128b cases in these services, the share was 69%.
The records list 3 convicted officers or warrant officers, and none was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.
Rank and Other Charges
Junior enlisted members (E-1 to E-4) made up 63% of the accused, NCOs 32%, and officers 4%. Across all domestic violence cases in these services, junior enlisted members made up 57%.
Article 128 (assault) was charged in 20 of these cases. Article 115 (malingering before 2019; communicating threats since) was charged in 12, Article 109 (property damage) in 11, and Article 112a (drug) in 9.
Cases by Year and Installation
Article 128b covers only offenses on or after January 1, 2019. The cases here were tried from November 2020 to June 2026. There were 2 cases in 2020, 17 in 2023, and 16 in 2024. There were 10 cases in 2025 and 10 in 2026, which covers only part of the year.
Fort Bragg had 6 of these cases. Vilseck (Europe), Camp Lejeune, North Carolina, and Fort Bliss had 5 each, and Joint Base Lewis-McChord had 4. These five installations account for 35% of the total. Large installations try more cases of every kind.
Limits of the Records
Article 128b is a covered offense. Since December 28, 2023, special trial counsel decide whether to prosecute it. Offenses after December 27, 2023 are sentenced under new sentencing parameters. The records give trial dates only, so trials from 2024 on include cases under both the old and new rules.
Cases handled by nonjudicial punishment, administrative separation, or no action are not included. The evidence and the plea terms are not recorded.
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
Army, Navy, and Marine Corps courts-martial that charged both Article 128b and Article 92 (71 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 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends (hub)
- Article 92 (Failure to Obey Order or Regulation): Court-Martial Data and Trends (hub)
- Domestic Violence Plus Disobeying An Officer: Courts-Martial Charging Articles 128b and 90
- When Article 128b and Article 134 Are Charged Together, How Do Cases End?
- Articles 128b and 131b in the Same Case: What the Records Show
- Is Army Domestic Violence Prosecution Rising or Falling? Article 128b, 2021–2025
- Air Force Article 128b Cases by the Numbers, 2016–2025
- 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.