Junior Enlisted (E-1 to E-4) Charged Under Article 129 in the Navy-Marine Corps

Trends › By Offense › Article 129 › Junior Enlisted (E-1 to E-4)

Based on 43 cases · 2021–2025 · Navy and Marine Corps records · data updated October 24, 2026

Most Cases Included Other Charges

Of the 43 cases, 41 charged at least one other article. The most common other charge was Article 128 (assault), in 20 cases. Article 121 (larceny) appeared in 14, and Article 120 (sexual assault) in 11.

Article 92 (orders violation) appeared in 10 cases and Article 115 (communicating threats) in 6. A court-martial sentence covers every charge that ends in a conviction. The outcomes below therefore describe whole cases, not the unlawful entry charge alone.

Most Convicted Members Received a Punitive Discharge

Of 42 convicted members, 33 received a punitive discharge: 27 bad-conduct discharges and 6 dishonorable discharges. That is 79%, higher than the 69% for all Navy and Marine Corps Article 129 cases.

Only a general court-martial can impose a dishonorable discharge. A sentence without a punitive discharge does not rule out a later administrative separation. These records do not track administrative separations.

Almost Every Sentence Included Confinement

Confinement was part of 39 of the 42 sentences. The median confinement was 7 months, about the same as the 8 months for all Navy and Marine Corps Article 129 cases. A quarter of the confinement sentences were 1 year or longer.

No confinement was imposed in 3 convictions (7%), compared with 18% in the broader group. Sentences under 6 months made up 33%, compared with 25%. Sentences from 6 months to 1 year made up 38%, compared with 35%.

Confinement longer than one year was imposed in 9 of 42 convictions (21%), about the same as the 22% service-wide. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

Fewer Contested Cases

All 43 records list a plea: 31 were guilty pleas and 12 were contested. A contested case is one with a not-guilty plea to at least one charge, either a not-guilty plea or a mixed plea. The contested share was 28%, lower than the 39% for all Navy and Marine Corps Article 129 cases.

Of the 12 contested cases that reached a verdict, 1 ended in a full acquittal (8%). That is higher than the 5% service-wide. Another 3 (25%) were partial acquittals: the accused was found not guilty of at least one charge or specification but guilty of another.

Most Cases Were Special Courts-Martial

Of the 43 cases, 31 were special courts-martial and 12 were general courts-martial. The general court-martial share was 28%, lower than the 43% for all Navy and Marine Corps Article 129 cases. A special court-martial cannot impose more than one year of confinement.

The median confinement was 2.2 years at general courts-martial, and 33% of those cases were contested. The median was 6 months at special courts-martial, and 26% of those cases were contested.

Fewer Cases After 2022

The yearly count was 12 in 2021 and 13 in 2022. It was 10 in 2023, 6 in 2024, and 2 in 2025. The records cover March 2021 through September 2025.

Junior enlisted members made up 80% of the accused across all Navy and Marine Corps Article 129 cases. Most of the service's burglary and unlawful entry cases therefore involved junior enlisted members.

Where the Cases Were Tried

Camp Lejeune, North Carolina tried 14 of the 43 cases. Okinawa, Japan and Camp Pendleton, California had 5 each. San Diego, California and Quantico, Virginia had 3 each. Together these five installations account for 70% of the cases. Larger installations try more cases of every kind, so a high count alone does not show a problem at a base.

Law Changes and the Limits of the Records

Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses such as sexual assault. Article 120 (sexual assault) appeared in 11 of these cases. New sentencing parameters apply when every guilty finding is for an offense after December 27, 2023. The records give trial dates, not offense dates, so trials from 2024 on include cases under both the old and new rules.

Only cases tried by court-martial are counted. Unlawful entries resolved through nonjudicial punishment, administrative separation, or no action are not included. The records do not show the evidence or the plea terms. With 43 cases in total, a few outcomes can change any percentage in this post.

Dates and sources for the law changes mentioned here: 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.