Frequently Asked Questions
Court-Martial Appeals
What types of courts-martial can I appeal?
Thanks to a change in law made in December 2022, any servicemember convicted of an offense at a special or general court-martial can appeal to their service's Court of Criminal Appeals.
How long does a court-martial appeal take?
A court-martial appeal can take anywhere from six months to two years from the date of sentencing to the decision by the Court of Criminal Appeals. First, the Record of Trial must be transcribed and compiled. Then your appellate attorney has to thoroughly review the record and write a brief to the appellate court. The Government attorneys next respond to the defense brief and the defense submits a final reply brief. The Court of Criminal Appeals then reviews the record and the briefs and writes its decision.
What happens if I am not happy with the Court of Criminal Appeals' decision?
Each service has its own Court of Criminal Appeals. that will issue the initial decision on appeal. Servicemembers unsatisfied with this decision can petition the Court of Appeals for the Armed Forces [CAAF] to review their case. CAAF does not have to take the case, but if they do, the attorneys will prepare new briefs and orally argue their sides to the Court.
Why should I hire a civilian attorney for my court-martial appeal?
The military simply is not conducting as many courts-martial as they used to. This also means fewer appeals. First and second-tour Judge Advocates assigned to military appellate divisions just have not tried or appealed very many cases. They may only argue one or two cases before a court in their entire time in the appellate division. This lack of experience should give you pause. I have spent over 20 years working in military justice. I participated in nearly 500 courts-martial as a prosecutor, defense counsel, or military judge. I have written briefs in almost 200 court-martial appeals and have argued 14 cases before military appellate courts. An appellate attorney has to spot all of the issues in your case, or you will not be able to raise them later. You need someone who has the experience to see what went wrong in your trial and write a compelling appellate brief.
Administrative Appeals
What type of administrative actions can I appeal?
If any type of adverse action has been taken against you by the military, you can petition for relief. This includes bad fitness or performance reports, delays in promotion or removal from the promotion list, nonjudicial punishment, administrative separation, negative information on a background check, and letters of reprimand.
How long does an administrative appeal take?
Different administrative agencies have different timelines for responding to an administrative appeal. Most administrative appeals are directed to a service's Board for Correction of Military Appeals. Those Boards can take between nine and eighteen months to come to a decision on your case once your petition is submitted.
Is there a deadline to file an administrative appeal?
Petitions to a service's Board for Correction of Military Records usually must be filed within three years of the adverse action. However, a Board can consider a petition filed after three years if the petition gives a good reason to do so. Petitions to a Discharge Review Board must be filed within fifteen years of discharge. Any petitions filed beyond that time frame must go the Board for Correction of Military Records.
Why should I hire a civilian attorney for my administrative appeal?
The military does not assign military attorneys to you for administrative appeals, so if you wish to be represented by an attorney, you will have to hire one. The petitions are available online and many servicemembers or veterans file them on their own, or with the help of a veterans organization. However, there are a number of laws and regulations that come into play in any administrative appeal. An attorney experienced in military administrative law is in the best position to understand those laws and regulations and demonstrate why the adverse action taken against you should be reversed. I have represented several veterans who filed on their own the first time and have come to me to help them with their case after it was denied by the military agency. It can be difficult to get an agency to take another look at your case after they have initially denied it. Going in with a strong and complete petition on your first submission is the best path to a successful appeal. I have spent nearly a decade submitting petitions to military administrative agencies. I know what they are looking for and what rules govern their actions.