How Fort Hood Handled Assault Cases (Article 128), 2024–2026

Trends › By Installation › Fort Hood › Article 128, 2024–2026

Based on 23 cases · 2024–2026 · Army records · data updated October 24, 2026

More Punitive Discharges Than Army-Wide

The largest difference in Fort Hood's recent assault cases is in discharges. Of convicted enlisted members here, 81% received a punitive discharge: 14 bad-conduct discharges and 3 dishonorable discharges. Across all Army Article 128 cases in 2024–2026, the share was 72%.

The records show 1 convicted officer or warrant officer, who was not dismissed. A sentence without a punitive discharge does not rule out a later administrative separation, which these records do not track.

Mostly General Courts-Martial

Of the 23 cases, 21 were general courts-martial (91%), compared with 75% in all Army Article 128 cases in those years. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Assault cases at Fort Hood made up 17% of the 138 courts-martial tried there in 2024–2026.

Most Accused Pleaded Guilty

A case is contested when the accused pleads not guilty to at least one charge. Here, 4 cases were contested and 19 were guilty pleas, a contested share of 17%, compared with 29% in Army Article 128 cases overall.

All 19 guilty pleas are recorded with a plea agreement. Army records show only that an agreement existed, not its terms, so they cannot show whether a sentence cap or dropped charges were involved.

A military judge alone decided guilt in all 23 cases. No enlisted or officer panel appears. The accused usually chooses the forum, and guilty pleas usually go before a judge alone.

Many Sentences Without Confinement

Of the 23 cases, 22 ended in a conviction on at least one charge, and 16 of those sentences included confinement (73%). No confinement was imposed in 27% of convictions here, compared with 15% Army-wide.

The median confinement was 5 months, close to the 6 months in Army Article 128 cases overall. A quarter of the sentences were 3 years or longer. Sentences longer than one year were slightly less common: 6 of 22 convictions (27%), compared with 30%. No conviction here carried 5 years or more, compared with 6% Army-wide. Sentences under 6 months made up 36% here, compared with 42%. Sentences of 6 months to 1 year made up 9%, compared with 12%. Sentences of more than 1 year but under 5 years made up 27%, compared with 24%.

These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. They cover every charge in the case.

Assault Alone or With Other Charges

Article 128 was the only charge in 9 of the 23 cases. In the rest of the Army, 80 of 242 Article 128 cases did. No other charge was common. Article 128b (domestic violence), Article 113 (drunken or reckless driving), Article 90 (disobeying an officer), Article 120 (sexual assault), and Article 134 (the general article) were each charged in 3 cases.

An assault charged with sexual assault or domestic violence often covers part of the same incident. The sentence reflects every conviction in the case.

Who Was Charged

Junior enlisted members (E-1 to E-4) made up 57% of the accused, NCOs 39%, and officers 4%. Across Army Article 128 cases overall, junior enlisted were 55%, so the ranks here were close to the Army as a whole.

Cases by Year

The records show 23 cases from January 2024 to August 2026: 8 in 2024, 8 in 2025, and 7 in 2026, a partial year. With a group this small, a few cases can change the percentages noticeably.

New Rules in These Years

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. Article 128 assault is not itself a covered offense. Special trial counsel who take a covered offense can also take a related assault. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records do not give offense dates, so these trials include cases under both the old and the new rules.

What the Records Do Not Say

Trial records list the charges, pleas, findings, and sentence. They do not describe the injuries, the evidence, or the plea terms. They also leave out assaults handled by nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 128 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025

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.