Chapter XII · Appeals and Review
R.C.M. 1209. Finality of courts-martial
2024 Manual for Courts-Martial, United States · Last updated
See all changes(a) When a conviction is final.
(1) General and special courts-martial. A conviction in a general or special court-martial is final when—
(A) Review is completed under R.C.M. 1201(a) (Article 65);
(B) Review is completed by a Court of Criminal Appeals and—
(i) The accused does not file a timely petition for review by the Court of Appeals for the Armed Forces and the case is not otherwise under review by that court; or revised · Exec. Order 14130 (Dec. 20, 2024)
(ii) The Court of Appeals for the Armed Forces refused to grant review of such a petition or review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces, and— revised · Exec. Order 14130 (Dec. 20, 2024)
(I) A petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; revised · Exec. Order 14130 (Dec. 20, 2024)
(II) A petition for a writ of certiorari is denied or otherwise rejected by the Supreme Court; or revised · Exec. Order 14130 (Dec. 20, 2024)
(III) Review is otherwise completed in accordance with the judgment of the Supreme Court. revised · Exec. Order 14130 (Dec. 20, 2024)
Discussion
See R.C.M. 1201, 1203, 1204, and 1205 concerning cases subject to review by a Court of Criminal Appeals, the Court of Appeals for the Armed Forces, and the Supreme Court. See also R.C.M. 1115 for waiver or withdrawal of appellate review.
(2) Summary courts-martial. A conviction in a summary court-martial is final when a judge advocate completes review under R.C.M. 1307(d) and no further action is required under R.C.M. 1307(e).
Discussion
Although a summary court-martial conviction is final under R.C.M. 1209(a)(2), an accused may petition for post-final review pursuant to R.C.M. 1307(h). See also R.C.M. 1201(h).
(b) Effect of finality. The appellate review of records of trial provided by the UCMJ, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by the UCMJ, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by the UCMJ, are final and conclusive. The judgment of a court-martial and orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States, subject only to action upon a petition for a new trial under Article 73, to action under Article 69, to action by the Secretary concerned as provided in Article 74, and the authority of the President.