Article 112a With Article 128 in the Navy and Marine Corps: What the Records Show

Trends › By Offense › Article 112a › Navy-Marine Corps, with Article 128

Based on 18 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Most Cases Went to a General Court-Martial

There were 12 general courts-martial and 6 special courts-martial. The general share, 67%, was higher than the 22% for Navy and Marine Corps Article 112a cases overall.

Court level sets the sentence limits. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Median Confinement of 11 Months

Of the 17 convictions, 82% included confinement. The median term was 11 months, longer than the 5-month median across Navy and Marine Corps Article 112a cases. A quarter of the confinement terms were 1.2 years or longer.

Each sentence covers every charge in the case, not only the drug and assault charges. These are adjudged sentences, as announced at trial and before any plea-agreement cap, clemency, or appeal.

Punitive Discharges

A punitive discharge followed 81% of enlisted convictions: 9 bad-conduct discharges and 4 dishonorable discharges. For all Navy and Marine Corps Article 112a cases, the share was 63%. A sentence without a punitive discharge does not rule out a later administrative separation.

Article 120 Appeared in 8 Cases

Every one of the 18 cases charged Article 128 (assault) along with the drug charge. Article 120 (sexual assault) was charged in 8 cases, Article 92 (orders violation) in 7, Article 80 (attempt) in 4, and Article 134 (general article) in 3.

Where those other charges ended in a conviction, they are part of the sentence. The records do not separate the punishment for one charge from another.

A Higher Contested Share

The plea is listed in 17 of the 18 records. Of those, 9 accused pleaded guilty and 8 contested at least one charge with a not-guilty or mixed plea. The contested share was 47%, compared with 30% in all Navy and Marine Corps Article 112a cases in 2021–2026.

Rank of the Accused

Among the accused with rank recorded, 12 were junior enlisted members (E-1 to E-4) and 5 were NCOs (E-5 to E-9). No officers or warrant officers appear. That mix is more senior than in all Navy and Marine Corps Article 112a cases, where 76% were junior enlisted.

Cases by Year

The cases were tried from February 2021 through March 2026: 6 in 2021, 4 in 2022, 3 in 2023, 2 in 2024, 1 in 2025, and 2 in 2026, a partial year.

Rule Changes and Record Limits

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 is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Both rules depend on the offense date, and the records give only trial dates.

Cases handled by nonjudicial punishment, administrative separation, or no action are not included. The records also do not describe the evidence or the plea terms.

For what the offense covers and how it is defended, see Article 112a on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare · Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025 · 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.