Navy-Marine Corps Cases Charging Both Article 128 and Article 80

Trends › By Offense › Article 128 › Navy-Marine Corps, with Article 80

Based on 21 cases · 2021–2025 · Navy and Marine Corps records · data updated October 24, 2026

Long Confinement Terms

Of the 21 cases, 20 ended in a conviction, and confinement was part of 85% of those sentences. The median confinement was 1.6 years. In Navy and Marine Corps Article 128 cases overall, it was 6 months. A quarter of the terms here were 3.2 years or longer.

Confinement of more than one year came in 10 of the 20 convictions (50%), compared with 15% for all Navy and Marine Corps Article 128 cases in 2021–2025. The band from more than 1 year to under 5 years held 7 convictions (35%), compared with 12%. Terms of 5 years or more made up 3 convictions (15%), compared with 4%.

Short terms were less common. Only 2 convictions (10%) carried under 6 months, compared with 40%. Another 5 (25%) carried 6 months to 1 year, and 3 (15%) carried no confinement, compared with 21%.

Sexual Assault Charges in 10 Cases

Article 80 covers attempts to commit an offense under the code. No case charged Article 128 alone. Besides Article 80, the other charges seen most often were Article 120 (sexual assault) in 10 of the 21 cases, Article 115 (communicating threats) in 5, Article 112a (drug) in 4, and Article 92 (orders violation) in 3.

An assault count charged alongside sexual assault or domestic violence can describe part of the same incident. A single sentence covers every charge in a case, so these other charges are part of the sentences above.

Mostly General Courts-Martial

General courts-martial heard 16 of the 21 cases (76%). Special courts-martial heard the rest. A general court-martial can impose any lawful sentence, including confinement of more than one year and a dishonorable discharge.

A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. Since 2019, a special court-martial can also be heard by a military judge alone, with confinement capped at six months and no punitive discharge.

Discharges and Dismissals

Of 19 convicted enlisted members, 13 received a bad-conduct or dishonorable discharge (68%). That is more often than in all Navy and Marine Corps Article 128 cases (54%). Of the 13, 8 were dishonorable discharges.

The records include 1 convicted officer or warrant officer, who was dismissed. A dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Pleas

The plea is listed in 20 of the 21 records. Of those, 14 were guilty pleas and 6 were contested, meaning the accused pleaded not guilty to at least one charge. The contested share, 30%, was lower than the 38% for all Navy and Marine Corps Article 128 cases.

The records do not say why an accused pleaded guilty or went to trial, and they do not show the terms of plea agreements.

Rank of the Accused

Junior enlisted members (E-1 to E-4) made up 52% of the accused, NCOs 43%, and officers 5%. In Navy and Marine Corps Article 128 cases overall, junior enlisted members were 62% of the accused, so this group is more senior.

Cases by Year

The cases were tried between January 2021 and August 2025. There were 14 in 2021, 1 in 2022, 3 in 2023, 2 in 2024, and 1 in 2025. The year with the most cases was 2021, and no later year had more than 3.

Rules and Limits

Since December 28, 2023, the decision to prosecute a covered offense belongs to special trial counsel rather than commanders. Sexual assault, domestic violence, and murder are covered offenses. Assault under Article 128 is not, though special trial counsel who take a covered offense may also take related charges. A separate change gives the military judge the sentencing decision, within new sentencing parameters, when every guilty finding is for an offense after December 27, 2023. Both changes turn on the offense date, which the records do not give.

The sentences here are adjudged sentences, before any plea-agreement cap, clemency, or appeal. The records do not show the evidence, nonjudicial punishment, or administrative separations. Cases resolved without a court-martial are not counted.

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.