When Article 131b and Article 134 Are Charged Together, How Do Cases End?

Trends › By Offense › Article 131b › With Article 134

Based on 74 cases · 2014–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Almost Half of Sentences Were Longer Than 1 Year

Of 71 convictions, 34 (48%) included more than 1 year of confinement. Across all Army, Navy, and Marine Corps cases charging Article 131b, the share was 34%. The most common length was more than 1 year but under 5 years: 28 convictions (39%), compared with 24% for obstruction cases generally.

Confinement was part of 87% of the convictions. The median confinement was 1.3 years, and a quarter of the terms were 2.5 years or longer. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each one covers all the charges in the case.

Most Cases Were General Courts-Martial

General courts-martial heard 53 of the 73 cases with a court level listed (73%), compared with 57% for all obstruction cases. A general court-martial can impose any lawful sentence, including a dishonorable discharge. A special court-martial caps confinement at 1 year and cannot impose a dishonorable discharge.

At the 53 general courts-martial, the median confinement was 1.9 years, and 32% of cases were contested. At the 20 special courts-martial, the median confinement was 3 months, and 19% of cases were contested. The court level is not listed for 1 case. Only a general court-martial can impose more than 1 year of confinement, so all the sentences longer than 1 year came from general courts-martial.

A More Senior Group

NCOs made up 49% of the accused, junior enlisted members (E-1 to E-4) 40%, and officers 11%. In all Article 131b cases, junior enlisted members were 55% of the accused, so this group is more senior.

The records list 8 convicted officers or warrant officers, and 5 of them were dismissed. Dismissal is the officer equivalent of a punitive discharge.

Guilty Pleas Were More Common Than Contested Cases

Of the 61 records with a plea, 44 were guilty pleas and 17 were not-guilty or mixed pleas. A case is contested when the accused pleads not guilty to at least one charge. The contested share, 28%, compares with 34% for all obstruction cases in these services.

Verdicts in Contested Cases

Of the 17 contested cases that reached a verdict, 18% ended in a full acquittal. That is lower than the 23% for all Article 131b cases. Another 8 contested cases ended in a partial acquittal, with a not-guilty finding on at least one charge or specification and a guilty finding on another.

The contested group is small. The difference between the full-acquittal rates depends on only a few verdicts.

Punitive Discharges for Enlisted Members

Of 62 convicted enlisted members, 48 received a bad-conduct or dishonorable discharge (77%). That is more often than the 71% across all obstruction cases. Of those discharges, 20 were dishonorable.

A member whose sentence has no punitive discharge can still be separated administratively. These records do not include administrative separations. The discharge figures are adjudged at trial and can change later through clemency or appeal.

Other Charges

Across all obstruction cases, 21 of 367 charged Article 131b as the only offense. In this group, the most common other charges were Article 128 (assault) and Article 92 (orders violation), in 20 cases each. Article 107 (false official statement) was charged in 18 cases and Article 120 (sexual assault) in 11.

Each sentence covers every charge, so the confinement figures include these other offenses.

Cases by Year and Installation

The 74 cases were tried from April 2014 to April 2026. Most years had between 1 and 10 cases. The highest count was 20 cases in 2021. The 2026 count covers only part of the year.

Norfolk, Virginia had the most cases, with 6. San Diego, California and Camp Lejeune, North Carolina had 5 each, and Fort Bliss and Joint Base Lewis-McChord had 4 each. These five installations account for 32% of the total. Larger installations try more cases of all kinds.

Rule Changes and Missing Information

The Military Justice Act of 2016 took effect on January 1, 2019. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses, and new sentencing parameters apply to later offenses. The records list trial dates, not offense dates, so they cannot show which rules applied to each case.

Nonjudicial punishment and administrative separations are not included. The records do not describe the evidence or the plea terms.

Dates and sources for the law changes mentioned here: UCMJ change timeline.

Compare: federal court. Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences

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.