Article 128 With Article 129 in the Navy and Marine Corps: What the Records Show

Trends › By Offense › Article 128 › Navy-Marine Corps, with Article 129

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

Punitive Discharges in 18 of 24 Convictions

Every one of the 24 cases ended in a conviction, and all 24 convicted were enlisted members. Of those, 18 received a bad-conduct or dishonorable discharge (75%). In all Navy and Marine Corps Article 128 cases from 2021–2026, the rate was 54%.

Only 2 of the 18 were dishonorable discharges. The rest were bad-conduct discharges. A sentence without a punitive discharge does not rule out a later administrative separation.

Most Sentences Fell Between 6 Months and 1 Year

Confinement was part of 22 of the 24 sentences. The median confinement was 8 months, longer than the 6 months for all Navy and Marine Corps Article 128 cases.

The band from 6 months to 1 year held 12 convictions (50%), compared with 24% for all Article 128 cases. Fewer convictions carried short terms or none: 6 (25%) carried under 6 months, compared with 40%, and 2 (8%) carried no confinement, compared with 21%.

Confinement of more than one year came in 4 of the 24 convictions (17%), about as often as the 15% for all Navy and Marine Corps Article 128 cases. Only 1 conviction (4%) carried 5 years or more, the same share as in all Article 128 cases. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Mostly Special Courts-Martial

General courts-martial heard 6 of the 24 cases (25%), compared with 42% in the Navy and Marine Corps as a whole. Special courts-martial heard the rest.

A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. It can impose a bad-conduct discharge, which was the most common punitive discharge here. A general court-martial can impose any lawful sentence. Since 2019, a special court-martial can also be heard by a military judge alone, which caps confinement at six months and rules out a punitive discharge.

Junior Enlisted Members Made Up 88% of the Accused

Junior enlisted members (E-1 to E-4) made up 88% of the accused, and NCOs made up 12%. No officers appear. In Navy and Marine Corps Article 128 cases overall, junior enlisted members were 62% of the accused.

Pleas Matched Other Assault Cases

Of the 24 accused, 15 pleaded guilty and 9 contested at least one charge with a not-guilty or mixed plea. The contested share, 38%, was the same as in Navy and Marine Corps Article 128 cases overall.

The records do not explain why an accused pleaded guilty or went to trial. They also do not include the terms of any plea agreement.

Other Charges in These Cases

Every case included at least one charge besides Article 128. Besides Article 129, the most frequent were Article 121 (larceny) in 6 cases, Article 120 (sexual assault) in 6, Article 115 (communicating threats) in 4, and Article 92 (orders violation) in 4.

When assault is charged next to sexual assault or domestic violence, the assault count can describe part of the same incident.

Years and Installations

The cases run from March 2021 to March 2026. There were 7 in 2021, 6 in 2022, 7 in 2023, 1 in 2024, 2 in 2025, and 1 in 2026. The 2026 count is a partial year.

Camp Lejeune, North Carolina tried 7 cases and Marine Corps Base Hawaii, Kaneohe Bay tried 3. MCAS Cherry Point, North Carolina, Okinawa, Japan, and Camp Pendleton, California tried 2 each. These five installations account for 67% of the 24 cases. Larger installations try more cases of every type.

Rule Changes and Missing Details

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. Article 128 assault is not itself a covered offense, but a special trial counsel who takes a covered offense can also take related offenses. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters.

The records give trial dates, not offense dates, so they cannot show which rules applied. They also do not show the evidence, nonjudicial punishment, or administrative separations. Matters closed without a court-martial are not counted here.

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.