How long does a convicted service member have to file an appeal after court-martial sentencing?

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The deadlines are short and run from different events. Within 10 days after the sentence is announced at a general or special court-martial, extendable for good cause, the accused may submit clemency matters to the convening authority, and missing the deadline waives them. An appeal to the Court of Criminal Appeals, where review is not automatic, must be filed within 90 days after the accused is given notice of appellate rights, or by a later date the court sets. After a Court of Criminal Appeals decision, a petition to the Court of Appeals for the Armed Forces is due within 60 days. Cases with the most serious sentences are reviewed automatically, and a petition for a new trial has a separate three-year limit.

The deadlines at a glance

Step Deadline Source
Matters to the convening authority (clemency) "within ten days after the sentence is announced" at a general or special court-martial; seven days at a summary court-martial; extendable for good cause by up to 20 days R.C.M. 1106(d)
Appeal to the Court of Criminal Appeals Before the later of "the end of the 90-day period beginning on the date the accused is provided notice of appellate rights" or a date the court sets Article 66(c)(1)
Petition to the Court of Appeals for the Armed Forces "within 60 days from the earlier of" notice of the CCA decision or mailing of the decision to the accused Article 67(b)
Application to the Judge Advocate General (cases not otherwise reviewed) For a general or special court-martial, "one year after the end of the 90-day period" following notice of appellate rights; for a summary court-martial, one year after completion of review under Article 64 Article 69(b)
Petition for a new trial "within three years after the date of the entry of judgment" Article 73

R.C.M. 1106(e)(1) in the Manual for Courts-Martial (2024 ed.): “Failure to submit matters within the time prescribed by this rule waives the right to submit such matters.”

Which cases are reviewed automatically

Under Article 66(b)(3), the Court of Criminal Appeals has jurisdiction, without an appeal by the accused, over a court-martial whose judgment “includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more.” That applies to general and special courts-martial alike. For other cases with a finding of guilty, the accused must file a timely appeal under Article 66(b)(1)(A). A summary court-martial case reaches the Court of Criminal Appeals only if an application under Article 69 is granted (Article 66(b)(1)(B)).

How the Court of Criminal Appeals reviews facts

For cases in which every finding of guilty is for an offense that occurred on or after January 1, 2021, the court considers whether a finding is correct in fact “upon request of the accused if the accused makes a specific showing of a deficiency in proof,” and may set aside a finding only if it is “clearly convinced that the finding of guilty was against the weight of the evidence” (Article 66(d)(1)(B); Pub. L. 116-283, § 542(e)(2)). Legal errors are reviewed as before.

The Court of Appeals for the Armed Forces and the Supreme Court

Under Article 67(a), CAAF must review cases in which the affirmed sentence “extends to death” and cases the Judge Advocate General certifies; otherwise, review depends on the accused’s petition, which CAAF grants “on good cause shown.” Under 28 U.S.C. § 1259, CAAF decisions can be reviewed by the Supreme Court by certiorari, including, since a December 2023 amendment, cases in which CAAF “granted or refused to grant a petition for review.”

Practical points

  • Notice of appellate rights starts the 90-day clock, so the date that notice was given matters; a service member who has not received it, or does not know when it was given, can ask defense counsel to confirm.
  • The 10-day clemency window runs while the trial is fresh, before the record is complete, which is a reason to prepare clemency matters before sentencing.

How a final conviction can be reopened on newly discovered evidence is covered in whether newly discovered evidence can reopen a final court-martial conviction, and pay and benefits during appeal in what happens to pay, rank, and benefits during the appellate process.

Statutes and rules cited here were checked in October 2026.

This content is provided for educational purposes only and does not constitute legal advice. Military law is complex and fact-specific. If you are facing a UCMJ investigation, court-martial, administrative separation, or any other military legal matter, consult a qualified military defense attorney before taking any action.

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References

law.cornell.edu