Navy-Marine Corps Courts-Martial With Article 128b and Article 92, 2021–2026

Trends › By Offense › Article 128b › Navy-Marine Corps, with Article 92

Based on 17 cases · 2021–2026 · Navy and Marine Corps records · data updated October 24, 2026

Mostly Guilty Pleas

In 15 of the 17 cases, the accused pleaded guilty. 2 accused contested at least one charge by pleading not guilty to it. The contested share was 12%. Across all Navy and Marine Corps Article 128b cases in 2021–2026, it was 30%.

Mostly Special Courts-Martial

Only 2 of the 17 cases were general courts-martial (12%). In Navy and Marine Corps-wide Article 128b cases, the general court-martial share was 36%.

This matters for sentence limits. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. A general court-martial can impose any lawful sentence.

Shorter Confinement

All 17 cases ended in a conviction on at least one charge. 14 of the 17 sentences included confinement (82%).

The median confinement was 3 months, shorter than the 5 months in all Navy and Marine Corps Article 128b cases in 2021–2026. A quarter of the confinement terms were 6 months or longer. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

Discharges Still More Common

12 of 17 convicted enlisted members received a punitive discharge: 11 bad-conduct discharges and 1 dishonorable discharge. In all Navy and Marine Corps Article 128b cases in 2021–2026, the share was 57%.

A punitive discharge for enlisted members is a bad-conduct or dishonorable discharge. A sentence without one does not rule out a later administrative separation.

Rank

Junior enlisted members (E-1 to E-4) were 71% of the accused, and NCOs were 29%. No officers were charged. In Navy and Marine Corps-wide Article 128b cases, junior enlisted members were 61%.

Other Charges in These Cases

Beyond Article 92, the charges listed most often with Article 128b were Article 128 (assault) in 6 cases, Article 107 (false official statement) in 3, Article 115 (communicating threats) in 3, and Article 121 (larceny) in 2.

Domestic Violence as a Covered Offense

Article 128b applies only to offenses on or after January 1, 2019. Earlier conduct was charged under other articles.

Article 128b is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses, which also include sexual assault and murder. In addition, 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 include cases under both the old and the new rules.

Trial Years and Record Limits

The cases were tried from February 2021 to March 2026: 2 in 2021, 1 in 2022, 5 in 2023, 2 in 2024, 4 in 2025, and 3 in 2026, a partial year.

The records do not show the evidence, the plea terms, or conduct handled outside a court-martial.

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