Navy-Marine Corps Cases Charging Both Article 115 and Article 128

Trends › By Offense › Article 115 › Navy-Marine Corps, with Article 128

Based on 33 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Sentences at General and Special Courts-Martial

General courts-martial heard 12 of the 33 cases (36%), and special courts-martial heard 21. Every conviction at a general court-martial (100%) included confinement, and the median there was 2 years. At the special courts-martial, 86% of convictions included confinement, and the median was 5 months.

A special court-martial cannot adjudge more than one year of confinement or a dishonorable discharge. A general court-martial can adjudge any lawful sentence. Since 2019, a special court-martial can also be tried by a military judge alone, which limits confinement to six months and rules out a punitive discharge.

Overall Confinement Matched Other Threat Cases

Of the 33 cases, 32 ended in a conviction. Confinement was part of 91% of those sentences. Half of the confinement terms were 6 months or less, the same median as in Navy and Marine Corps Article 115 cases overall. A quarter of the terms were 1.2 years or longer.

Confinement of more than one year came in 9 of the 32 convictions (28%), about as often as the 26% for all Navy and Marine Corps Article 115 cases. The largest band was under 6 months, with 11 convictions (34%). Another 9 convictions (28%) carried 6 months to 1 year, and 3 (9%) carried no confinement. Terms of 5 years or more made up 6% of convictions, compared with 7%.

These are adjudged sentences: the sentence given at trial, before any plea-agreement cap, clemency, or appeal. One sentence covers all the charges in a case.

Pleas Matched the Article 115 Rate

Of the 33 accused, 23 pleaded guilty and 10 entered a not-guilty or mixed plea, which makes the case contested. The contested share, 30%, was the same as in all Navy and Marine Corps Article 115 cases from 2021–2026. The records do not give the reasons for any plea or the terms of any plea agreement.

One Full Acquittal

Of the 10 contested cases with a verdict, 1 ended in a full acquittal (10%), meaning not guilty of every charge. The full-acquittal rate for all Navy and Marine Corps Article 115 cases was 17%.

Another 4 contested cases (40%) ended in a partial acquittal. In each of those, the accused was found not guilty of at least one charge or specification and guilty of another.

Discharges and Dismissals

Of 30 convicted enlisted members, 19 received a punitive discharge: 16 bad-conduct and 3 dishonorable. The share in Navy and Marine Corps Article 115 cases overall was 61%.

The records include 1 convicted officer or warrant officer, who was dismissed. A sentence that does not include a punitive discharge does not prevent a later administrative separation.

Who Was Charged and With What

Junior enlisted members (E-1 to E-4) made up 75% of the accused, NCOs 19%, and officers 6%. In all Navy and Marine Corps Article 115 cases, junior enlisted members were 78%.

No case charged Article 115 alone. Besides assault, the most frequent other charges were Article 92 (orders violation) in 10 cases, Article 134 (general article) in 8, Article 128b (domestic violence) in 6, and Article 131b (obstruction) in 5.

Years and Places

The 33 cases run from January 2021 to August 2026. There were 19 in 2021, 1 in 2022, 4 in 2023, 3 in 2024, 4 in 2025, and 2 in 2026, a partial year.

Camp Pendleton, California tried 8 cases and Camp Lejeune, North Carolina tried 6. Marine Corps Base Hawaii, Kaneohe Bay tried 4, Quantico, Virginia tried 3, and San Diego, California tried 2. These five installations account for 70% of the 33 cases. A larger installation tries more cases of every type.

Law Changes and Missing Information

Domestic violence is one of the covered offenses that special trial counsel, rather than commanders, decide whether to prosecute since December 28, 2023. Sexual assault and murder are others. Also, when every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters.

The records list trial dates, not offense dates, so they cannot show which rules applied. They do not describe the evidence or plea terms, and they do not cover nonjudicial punishment or administrative separations.

For what the offense covers and how it is defended, see Article 115 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.