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

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

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

Confinement at Each Court Level

The 20 cases were split evenly between court levels: 10 general courts-martial and 10 special courts-martial. At the general courts-martial, 6 of 8 convictions included confinement, with a median of 10 months. At the special courts-martial, 60% of convictions included confinement, with a median of 5 months.

Across both levels, confinement was part of 67% of the 18 convictions. The median was 8 months, and a quarter of the confinement terms were 1 year or longer. In all Navy and Marine Corps Article 128 cases, the median was 6 months.

These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Pleas

In 13 cases, the accused pleaded guilty. In 7, the accused contested at least one charge by pleading not guilty to it. The contested share was 35%, compared with 38% in all Navy and Marine Corps Article 128 cases in 2021–2026.

Discharges After a Conviction

A punitive discharge followed 53% of enlisted convictions: 7 bad-conduct discharges and 2 dishonorable discharges. In all Navy and Marine Corps Article 128 cases, the share was 54%.

The records include 1 convicted officer, who was not dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Other Charges in These Cases

Besides Article 128 and Article 128b, the most common charges were Article 92 (orders violation) in 6 cases and Article 115 (communicating threats) in 6. Article 134 (general article) appeared in 5 and Article 131b (obstruction) in 3.

When assault is charged with domestic violence, both counts can describe parts of the same incident. The records do not show how the counts relate to each other.

Who Was Charged?

Junior enlisted members (E-1 to E-4) were 60% of the accused, NCOs were 30%, and officers were 10%. In all Navy and Marine Corps Article 128 cases, junior enlisted members were 62%.

General courts-martial made up 50% of these cases, compared with 42% in all Navy and Marine Corps Article 128 cases in 2021–2026. A general court-martial can impose a dishonorable discharge and confinement of more than one year. A special court-martial cannot.

Cases per Year

There were 7 cases in 2021, 3 in 2022, 4 in 2023, 2 in 2024, 3 in 2025, and 1 in 2026. The 2026 count covers only part of the year.

Special Trial Counsel and Sentencing Rules

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses, including domestic violence. Article 128 assault is not itself a covered offense. A special trial counsel who takes a covered offense can also take related offenses, such as an assault tied to a domestic violence allegation.

When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence under new sentencing parameters. Both rules depend on the offense date, which the records do not give. Trials from 2024 on therefore include cases under both the old and the new rules.

Outside the Records

Trial records show the charges, pleas, findings, and sentence. They do not show the evidence, the plea terms, or conduct handled by 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.

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.