38 Assault Courts-Martial at Pearl Harbor, Hawaii, 2013–2018: What the Records Show

Trends › By Installation › Pearl Harbor, Hawaii › Article 128, 2013–2018

Based on 38 cases · 2013–2018 · Navy and Marine Corps records · data updated October 24, 2026

46% of Pearl Harbor's Courts-Martial

Assault was charged in 38 of the 83 courts-martial at Pearl Harbor in these years, or 46%. The cases were tried between March 2013 and November 2018. The number changed from year to year: 5 in 2013, 11 in 2014, 2 in 2015, 8 in 2016, 7 in 2017, and 5 in 2018.

That share counts every case in which Article 128 was charged, including cases where assault was one charge among several. In 18 of the 38 cases, Article 120 (sexual assault) was also charged.

Other Charges in the Same Cases

Article 128 was the only charge in 12 of the 38 cases. Service-wide, 216 of 734 Navy and Marine Corps Article 128 cases charged it alone. After sexual assault, the most common other charges here were Article 80 (attempt) in 5 cases, Article 120b (child sexual abuse) and Article 134 (general article) in 4 each, and Article 113 (misbehavior of a sentinel) in 2.

When assault is charged with sexual assault or domestic violence, the assault charge can describe part of the same incident. The sentence covers the whole case, not the assault alone.

Results in Contested Cases

A contested case is one with a not-guilty or mixed plea. 15 accused entered a not-guilty or mixed plea and 23 pleaded guilty. The contested share was 39%, about the same as the 43% in Navy and Marine Corps Article 128 cases overall.

Of the 15 contested cases that reached a verdict, 6 ended in a full acquittal (40%). That is lower than the 48% in Navy and Marine Corps Article 128 cases. Another 3 ended in a partial acquittal: not guilty of at least one charge or specification, but guilty of another.

Mostly Short Sentences, With a Few Long Ones

The 38 cases ended in 32 convictions, and 27 carried confinement. The median confinement was 6 months, compared with 8 months elsewhere. A quarter of the sentences were 1.8 years or longer.

7 of 32 convictions (22%) carried more than one year of confinement, compared with 33% across all Navy and Marine Corps Article 128 cases in 2013–2018. Only 2 sentences (6%) were more than 1 year but under 5 years, compared with 19% elsewhere. 5 (16%) were 5 years or more, compared with 13%. 5 convictions (16%) carried no confinement, compared with 10%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal.

Results by Court Level

General courts-martial tried 24 of the 38 cases (63%). Their median confinement was 9 months. The 14 special courts-martial had a median of 4 months. 54% of general courts-martial were contested, compared with 14% of special courts-martial.

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Punitive Discharges and Officer Cases

Of 30 enlisted members convicted, 20 received a bad-conduct or dishonorable discharge (67%). That is about the same as the 63% in all Navy and Marine Corps Article 128 cases in these years. 10 of the 20 were dishonorable discharges.

2 officers or warrant officers were also convicted, and neither was dismissed. A sentence without a punitive discharge or dismissal does not rule out a later administrative separation.

Rank of the Accused

NCOs (E-5 to E-9) were the largest group, with 19. There were 17 junior enlisted members (E-1 to E-4) and 2 officers or warrant officers. The rest of the Navy and Marine Corps was more junior: 55% of the accused were junior enlisted.

Rules That Applied

Every trial here took place before January 1, 2019, when the Military Justice Act of 2016 took effect. That law later set fixed panel sizes, created judge-alone special courts-martial capped at six months with no punitive discharge, and introduced written plea agreements. None of those changes applied to the cases here.

What the Records Cannot Show

The records show charges, pleas, findings, and sentences. They do not show the evidence, plea terms, or offense dates. Assaults handled by nonjudicial punishment or administrative separation do not appear. Older Navy and Marine Corps records often omit the plea and forum, so the counts here use only the records that list them.

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.