Article 128b Cases at Joint Base Lewis-McChord, 2021–2023: 24 Courts-Martial

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Based on 24 cases · 2021–2023 · Army records · data updated October 24, 2026

Every Conviction Included Confinement

The 24 domestic violence cases at this installation ended in 23 convictions, and confinement was part of all 23. The share of convictions with no confinement was 0% here, compared with 15% across the Army.

The median confinement was 6 months, the same as in all Army Article 128b cases. A quarter of the sentences were 10 months or longer. These are sentences as announced at trial, before any plea-agreement cap, clemency, or appeal, and each one covers every charge in the case, not the domestic violence count alone.

Most Sentences Were Under 6 Months

Sentences under 6 months made up 15 of the 23 convictions (65%), compared with 41% across the Army. Another 4 (17%) were from 6 months to 1 year, and 3 (13%) were more than 1 year but under 5 years. 1 sentence (4%) was 5 years or more.

4 of 23 convictions (17%) included more than one year of confinement, compared with 24% across Army Article 128b cases. Only a general court-martial can adjudge more than one year of confinement, because a special court-martial is capped at one year.

Pleas and Plea Agreements

Of the 24 accused, 16 pleaded guilty and 8 contested at least one charge. A contested case is one with a not-guilty or mixed plea. The contested share, 33%, was the same as the 33% across Army Article 128b cases in 2021–2023.

All 16 guilty pleas are recorded with a plea agreement. Army records note whether an agreement existed but not what it said, so the records cannot show whether any agreement limited confinement or discharge.

Who Decided Guilt?

A military judge alone heard 17 cases. Enlisted panels heard the other 7, and no officer panel appears. Members decided 29% of the cases here, compared with 23% in all Army Article 128b cases in these years.

The accused usually chooses the forum. Most judge-alone cases are guilty pleas, so the split between judge and members mostly follows how many cases were contested.

Most Punitive Discharges Were Bad-Conduct Discharges

Of 23 convicted enlisted members, 16 received a punitive discharge: 14 bad-conduct discharges and 2 dishonorable discharges. That share, 70%, is lower than the 75% across the Army as a whole.

A punitive discharge is the bad-conduct or dishonorable discharge a court-martial can impose on an enlisted member. A sentence without one does not rule out a later administrative separation, which these records do not show.

A More Junior Group of Accused

Junior enlisted members (E-1 to E-4) made up 20 of the 24 accused. There were 4 NCOs (E-5 to E-9) and 0 officers or warrant officers. Across the Army, junior enlisted members were 61% of those charged under Article 128b, so this group was more junior.

General courts-martial tried 16 of the cases and special courts-martial 8. General courts-martial were 67% of cases, lower than the 79% across Army Article 128b cases. A general court-martial can impose any lawful sentence, including a dishonorable discharge, while a special court-martial cannot impose a dishonorable discharge and caps confinement at one year.

What Came With the Domestic Violence Charge

Article 128b was the only charge in 7 of the 24 cases. Across the Army the figure was 65 of 190. In the other cases, Article 128 (assault) and Article 109 (property damage) were each charged in 5 cases, Article 90 (disobeying an officer) and Article 115 (communicating threats) in 4 each, and Article 119b (child endangerment) in 3.

Cases by Year

The cases were tried from January 2021 to December 2023: 4 in 2021, 12 in 2022, and 8 in 2023. Together they were 18% of the 135 courts-martial at Joint Base Lewis-McChord in those years. With counts this small, a single case can change any percentage by a large amount.

Article 128b applies only to offenses on or after January 1, 2019, so older conduct went under other articles. It is also a covered offense. The services had to begin publishing trial records under Article 140a by December 2020, and Army records in this data are sparse before 2021, which is why this window starts there.

What the Records Do Not Show

These figures cover trials only. They show charges, pleas, findings, and sentences, but not the evidence, the content of plea agreements, or the dates of the alleged conduct. Domestic violence allegations resolved through nonjudicial punishment, administrative separation, or no action do not appear.

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.

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.