Navy-Marine Corps Article 128 Cases in 2017

Trends › By Offense › Article 128 › Navy-Marine Corps, 2017

Based on 182 cases · 2017 · Navy and Marine Corps records · data updated October 24, 2026

Assault Was Often Charged With Sexual Assault

Article 128 was the only charge in 52 of the 182 cases. More often it was charged with Article 120 (sexual assault), in 74 cases. Other common charges were Article 92 (orders violation), Article 120b (child sexual abuse), and Article 80 (attempt) in 25 each, and Article 134 (general article) in 21.

Each sentence covers every charge in the case. In cases that also charged sexual assault, the sentences below cover that charge too. The records do not show whether the charges describe the same incident.

General and Special Courts-Martial

Of the 182 cases, 107 were general courts-martial and 75 were special courts-martial. The general court-martial share was 59%, compared with 44% for all Navy and Marine Corps cases in 2017.

Sentences differed by level. The median confinement was 2.5 years at general courts-martial and 4 months at special courts-martial. Contested shares were 49% at the general level and 13% at the special level. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

Overall Confinement

Of 155 convictions, 143 included confinement. The median confinement was 10 months, slightly longer than the 8 months for all Navy and Marine Corps cases. A quarter of terms were 3 years or more.

These are adjudged sentences, meaning the punishment announced at trial before any plea-agreement cap, clemency, or appeal.

The Full Range of Sentences

Assault sentences covered the full range. The most common range was under 6 months: 48 convictions (31%). 38 (25%) included 6 months to 1 year. Another 31 (20%) included between 1 and 5 years, the same share as for all Navy and Marine Corps cases. 26 (17%) included 5 years or more, compared with 10% for all Navy and Marine Corps cases.

In total, 57 of 155 convictions (37%) included more than one year, compared with 31% for all Navy and Marine Corps cases. Only 12 convictions (8%) had no confinement.

Contested Cases and Acquittals

Only 86 of the 182 records list a plea: 55 guilty pleas and 31 contested cases, in which the accused pleaded not guilty to at least one charge. That makes 36% contested, compared with 26% for all Navy and Marine Corps cases. Records from before December 2020 often omit the plea, so these figures use only the cases where it was recorded.

Of the 31 contested cases that reached a verdict, 18 ended in a full acquittal (58%), higher than the 54% for all Navy and Marine Corps cases. None ended in a partial acquittal. Each contested case ended in either a full acquittal or a conviction.

Discharges and Dismissals

Of 150 convicted enlisted members, 100 received a punitive discharge: 54 bad-conduct discharges and 46 dishonorable discharges. That 67% rate was about the same as the 68% for all Navy and Marine Corps cases.

The records list 3 convicted officers or warrant officers, and 2 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Who Was Accused

Among the accused with rank recorded, 117 were junior enlisted members, 46 were NCOs, and 6 were officers. This rank mix is about the same as for all Navy and Marine Corps cases in 2017.

More Cases and Longer Terms Than in 2016

There were 90 cases in 2016 and 182 in 2017. Median confinement went from 6 months to 10 months. Punitive discharges for enlisted members went from 62% to 67%. The general court-martial share went down, from 68% to 59%.

Full acquittals in contested cases that reached a verdict went from 22 of 35 to 18 of 31. The contested share went from 41% to 36%. In small groups, a few cases can change the figures, so the comparison shows direction only.

Installations and Limits

Camp Lejeune, North Carolina had 24 of these cases, Norfolk, Virginia had 19, Camp Pendleton, California had 18, and San Diego, California and Okinawa, Japan had 15 each. Together they account for 50% of the 182 cases. Larger installations try more cases of every kind.

These trials came before the Military Justice Act of 2016 took effect on January 1, 2019, so its fixed panel sizes, judge-alone special courts-martial, and written plea agreements did not apply. The records list trial dates, not offense dates. They do not show the evidence, plea terms, or assaults handled through nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 128 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.