Navy-Marine Corps Cases Charging Both Article 128 and Article 86

Trends › By Offense › Article 128 › Navy-Marine Corps, with Article 86

Based on 13 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Every Conviction Included Confinement

12 of the 13 cases ended in a conviction, and confinement was part of all 12 sentences. Half of the terms were 10 months or less. In Navy and Marine Corps Article 128 cases overall, the median was 6 months.

A quarter of the terms were 1.1 years or longer. The figures are adjudged sentences. That means the sentence announced at trial, before any plea-agreement cap, clemency, or appeal, and it covers every charge in the case.

Discharge Rate Higher Than for Assault Cases Overall

9 of the 12 convicted enlisted members received a bad-conduct discharge or a dishonorable discharge (75%). 3 of those were dishonorable discharges. In Navy and Marine Corps-wide Article 128 cases, the rate was 54%.

A sentence that does not include a punitive discharge does not rule out a later administrative separation.

The Charges Listed With Assault and AWOL

All 13 cases charged at least one article besides Article 128. Other than Article 86, the most frequent were Article 92 (orders violation) in 5 cases, Article 112a (drug) in 3, Article 109 (property damage) in 2, and Article 134 (general article) in 2.

Guilty Pleas and Contested Pleas

9 accused pleaded guilty. 4 entered a not-guilty or mixed plea, which counts as a contested case. The contested share was 31%. Across all Navy and Marine Corps Article 128 cases in 2021–2026, it was 38%.

Who Was Charged and at What Level

By rank, the accused were 10 junior enlisted members and 3 NCOs. No officers were charged. The group is more junior than Navy and Marine Corps Article 128 cases overall.

6 cases were general courts-martial and 7 were special courts-martial. The general share was 46%, compared with 42% in all Navy and Marine Corps Article 128 cases in 2021–2026. A general court-martial can impose any lawful sentence. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Timing of the Trials

The trials took place between March 2021 and March 2026: 4 in 2021, 3 in 2022, 3 in 2023, 0 in 2024, 2 in 2025, and 1 in 2026. The 2026 count is for part of the year.

Covered Offenses and New Sentencing Rules

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. Still, a special trial counsel who takes a covered offense can also take a related assault, such as one tied to a domestic violence allegation.

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 trials from 2024 on mix cases under the old and new rules.

Not in the Records

The records do not describe the evidence or the plea terms. Cases handled by nonjudicial punishment or administrative separation are not included.

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.