Court Martial Appeals System

If a service member is found guilty during a court martial, they are entitled to having their case reviewed by the convening authority. This authority is the person who referred the case for trial by court martial. The convening authority must approve the sentence that was determined through the court martial. If this sentence includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the service member's case will be reviewed by one of four intermediate courts. These include the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals and the Coast Guard Court of Criminal Appeals. These situations involving the review of a convicted individual's case are known as court martial appeals. During this process, a soldier will need military legal help.

These courts have the authority to decide whether the original findings and sentence were correct in law and fact. If the court finds that an error has occurred, the members are able to correct it. They can do this by modifying the findings or sentence, asking for a rehearing or dismissing the charges. These actions are binding unless eventually over-turned by a higher court.

Military Legal Help Offered

During the appeal process, the individual is able to seek legal assistance. Military legal help can come in the form of an appointed military lawyer or the individual may hire a civilian lawyer. Either form of legal help should have extensive knowledge of court martial appeals. Because changes in the appeal process are not uncommon, a legal representative should be chosen based on their understanding of the procedure. Although there are legal assistance offices located on nearly every base, ship and installation, this is not always the best option for all legal situations. Please carefully consider every individual situation before deciding which form of assistance to use.