NCOs (E-5 to E-9) Charged Under Article 120c in the Navy-Marine Corps

Trends › By Offense › Article 120c › NCOs (E-5 to E-9)

Based on 45 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Longer Confinement Than in All Article 120c Cases

93% of the 41 convictions included confinement. The median confinement was 1.8 years, and a quarter of terms were 7 years or longer. For all Navy and Marine Corps Article 120c cases, the median was 11 months.

The largest difference is in long sentences. Terms of 5 years or more were 29% of convictions here, compared with 13% for all Article 120c cases. 20 of 41 convictions (49%) included confinement longer than one year, compared with 38%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. They cover every charge in the case, including other offenses.

Other Charges in These Cases

Article 120c was the only charge in 9 of 45 cases. The rest included other offenses: Article 134 (general article) in 20, Article 80 (attempt) in 14, Article 120 (sexual assault) in 13, Article 128 (assault) in 10, and Article 92 (orders violation) in 5.

The records list these charges but not the conduct behind them, so they cannot show how much of a long sentence was for the Article 120c charge itself.

Sentences by Court Level

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. Of these cases, 31 were general courts-martial (69%), compared with 59% for all Navy and Marine Corps Article 120c cases. The other 14 were special courts-martial, which cap confinement at one year and cannot adjudge a dishonorable discharge.

At general courts-martial, the median confinement was 4.2 years and 52% of cases were contested. At special courts-martial, the median was 4 months and 20% were contested.

Contested Cases and Acquittals

Navy and Marine Corps records before December 2020 often omit the plea, and 31 of 45 records list one. Of those, 18 were guilty pleas and 13 contested at least one charge. That makes 42% contested, compared with 30% for all Navy and Marine Corps Article 120c cases.

31% of the 13 contested cases that reached a verdict ended in a full acquittal, higher than the 19% for all Article 120c cases. Another 3 ended in a partial acquittal: not guilty of at least one charge or specification and guilty of another. With so few contested cases, a single verdict changes these rates by a noticeable amount.

Punitive Discharges

Of 41 convicted NCOs, 32 received a punitive discharge: 17 dishonorable discharges and 15 bad-conduct discharges. For all Navy and Marine Corps Article 120c cases, 78% of convicted enlisted members received a punitive discharge.

A sentence without one does not rule out an administrative separation later, which is outside these records.

Who Was Charged

All 45 accused were NCOs. This group is more senior than all Navy and Marine Corps Article 120c cases, where 58% were junior enlisted. These records do not reliably show whether a judge or members decided guilt, so this post does not report it.

Counts Over Time and by Base

The cases were tried between January 2017 and July 2025, with 10 in 2017, 6 in 2018, 5 in 2019, 5 in 2020, 8 in 2021, 3 in 2022, 3 in 2023, 3 in 2024, and 2 in 2025.

Bremerton, Washington had 9 cases, Camp Lejeune, North Carolina had 6, San Diego, California had 5, Pearl Harbor, Hawaii had 4, and Norfolk, Virginia had 3. Together these five account for 60% of the 45. Larger installations try more cases of every kind, so a count alone does not show anything about a base.

Legal Changes Across the Period

The Military Justice Act of 2016 took effect on January 1, 2019. It brought fixed panel sizes, judge-alone special courts-martial capped at six months with no punitive discharge, and written plea agreements. Offenses from before 2019 kept the old rules. Article 120c is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute it. Judges sentence within new parameters when every guilty finding is for an offense after December 27, 2023.

What the Data Cannot Show

The records give trial dates, not offense dates, so they cannot show which rules applied to a given case. They also leave out the evidence, the plea terms, and any conduct handled through nonjudicial punishment, administrative separation, or no action.

For what the offense covers and how it is defended, see Article 120c 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.