Navy-Marine Corps Courts-Martial With Article 107 and Article 128, 2021–2026

Trends › By Offense › Article 107 › Navy-Marine Corps, with Article 128

Based on 20 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Longer Confinement Than Other False-Statement Cases

Of the 20 cases, 19 ended in a conviction. Confinement was part of 74% of those 19 sentences. Half of the confinement terms were 1.1 years or less, and a quarter were 2 years or longer. In the Navy and Marine Corps as a whole, the median for Article 107 cases was 6 months. With only 20 cases in this group, a few long or short sentences can move the median.

These are adjudged sentences, as announced at trial. A plea-agreement cap, clemency, or appeal can reduce a sentence later. Each sentence also covers every charge in the case, including the assault charge and any other charges.

Dishonorable Discharges Were Common

A punitive discharge followed 72% of the enlisted convictions. There were 7 bad-conduct discharges and 6 dishonorable discharges. For all Navy and Marine Corps Article 107 cases, the punitive discharge share was 55%.

A dishonorable discharge can only be adjudged at a general court-martial. A sentence without a punitive discharge does not rule out a later administrative separation.

More General Courts-Martial

General courts-martial heard 11 of the 20 cases (55%). In all Navy and Marine Corps Article 107 cases, the general share was 35%. A general court-martial can impose any lawful sentence, including long confinement. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Since 2019, a special court-martial can also be tried by a military judge alone. In that form, confinement is capped at six months and no punitive discharge is allowed.

Pleas and Verdicts

The plea is listed in 19 of the 20 records. Of those, 10 were contested and 9 were guilty pleas. A contested case means a not-guilty or mixed plea. The contested share, 53%, was higher than the 44% in all Navy and Marine Corps Article 107 cases. The records do not show why any accused pleaded guilty or went to trial.

Of the 10 contested cases with a verdict, 1 ended in a full acquittal (10%). The full-acquittal rate for all Navy and Marine Corps Article 107 cases was 7%. Another 4 contested cases (40%) ended in a partial acquittal, meaning not guilty of at least one charge or specification and guilty of another.

Other Charges in These Cases

Every case included at least one charge besides Article 107. Besides assault, the most frequent were Article 92 (orders violation) in 9 cases, Article 120 (sexual assault) in 5, Article 134 (general article) in 5, and Article 131b (obstruction) in 4.

The records list the charges in each case, but not the facts behind them.

Rank of the Accused

Junior enlisted members (E-1 to E-4) were 53% of the accused, and NCOs were 47%. No officers appear in these cases. In all Navy and Marine Corps Article 107 cases, junior enlisted members were 59% of the accused. Because no officers were charged, no dismissals appear here; dismissal is the officer equivalent of a punitive discharge.

When and Where the Cases Were Tried

The cases were tried between January 2021 and August 2026. There were 8 in 2021, 4 in 2022, 3 in 2023, 2 in 2024, 1 in 2025, and 2 in 2026. The 2026 count covers part of the year. The most cases in a single year came in 2021, with 8.

Camp Lejeune, North Carolina tried 5 cases. Camp Pendleton, California and Okinawa, Japan tried 3 each. Quantico, Virginia and MCAS Cherry Point, North Carolina tried 2 each. These five installations account for 75% of the 20 cases. Larger installations try more cases overall.

Rule Changes and What Is Missing

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. When every guilty finding in a case is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters.

Both changes depend on the offense date. The records give only trial dates, so trials from 2024 on can include cases under either set of rules. The records also do not show the evidence, plea terms, nonjudicial punishment, or administrative separations.

For what the offense covers and how it is defended, see Article 107 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.