Subchapter IX · Post-Trial Procedure and Review of Courts-Martial
Article 65. Transmittal and review of records
2024 Manual for Courts-Martial, United States · Last updated
Recent revisions Summary of changes Cited by (11)(a) TRANSMITTAL OF RECORDS.—
(1) FINDING OF GUILTY IN GENERAL OR SPECIAL COURT-MARTIAL.— If the judgment of a general or special court-martial entered under section 860c of this title (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General.
(2) OTHER CASES.— In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation.
(b) CASES FOR DIRECT APPEAL.—
(1) AUTOMATIC REVIEW.— If the 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, the Judge Advocate General shall forward— revised · Public Law No. 118-31 (NDAA 2024)
(A) the record of trial to the Court of Criminal Appeals for review under section 866(b)(3) of this title (article 66(b)(3)); and new · Public Law No. 118-31 (NDAA 2024)
(B) a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals. new · Public Law No. 118-31 (NDAA 2024)
(2) CASES ELIGIBLE FOR DIRECT APPEAL REVIEW.—
(A) IN GENERAL.— If the case is eligible for direct review under section 866(b)(1) of this title (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused— revised · Public Law No. 118–159 (NDAA 2025)
(i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and to represent the accused before the Court of Criminal Appeals; and revised · Public Law No. 118–159 (NDAA 2025)
(ii) forward a copy of the record of trial to civilian counsel provided by the accused. revised · Public Law No. 118–159 (NDAA 2025)
(B) INAPPLICABILITY.— Subparagraph (A) shall not apply if the accused waives the right to appeal under section 861 of this title (article 61). revised · Public Law No. 118–159 (NDAA 2025)
(c) NOTICE OF RIGHT TO APPEAL.—
(1) IN GENERAL.— The Judge Advocate General shall provide notice to the accused of the right to file an appeal under section 866(b)(1) of this title (article 66(b)(1))by means of depositing in the United States mails for delivery by first class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in the official service record of the accused.
(2) INAPPLICABILITY UPON WAIVER OF APPEAL.— Paragraph (1) shall not apply if the accused waives the right to appeal under section 861 of this title (article 61).
(d) REVIEW BY JUDGE ADVOCATE GENERAL.—
(1) BY WHOM.— A review conducted under this subsection may be conducted by an attorney within the Office of the Judge Advocate General or another attorney designated under regulations prescribed by the Secretary concerned.
(2) REVIEW OF CASES NOT ELIGIBLE FOR DIRECT APPEAL.—
(A) IN GENERAL.— A review under subparagraph (B) shall be completed in each general and special court-martial that is not eligible for direct appeal under paragraph (1) or (3) of section 866(b) of this title (article 66(b)).
(B) SCOPE OF REVIEW.— A review referred to in subparagraph (A) shall include a written decision providing each of the following:
(i) A conclusion as to whether the court had jurisdiction over the accused and the offense.
(ii) A conclusion as to whether the charge and specification stated an offense.
(iii) A conclusion as to whether the sentence was within the limits prescribed as a matter of law.
(iv) A response to each allegation of error made in writing by the accused.
(3) REVIEW WHEN DIRECT APPEAL IS WAIVED, WITHDRAWN, OR NOT FILED.—
(A) IN GENERAL.— A review under subparagraph (B) shall be completed in each general and special court-martial if—
(B) SCOPE OF REVIEW.— A review referred to in subparagraph (A) shall include a written decision limited to providing conclusions on the matters specified in clauses (i), (ii), and (iii) of paragraph (2)(B).
(e) REMEDY.—
(1) IN GENERAL.— If after a review of a record under subsection (d), the attorney conducting the review believes corrective action may be required, the record shall be forwarded to the Judge Advocate General, who may set aside the findings or sentence, in whole or in part.
(2) REHEARING.— In setting aside findings or sentence, the Judge Advocate General may order a rehearing, except that a rehearing may not be ordered in violation of section 844 of this title (article 44).
(3) REMEDY WITHOUT REHEARING.—
(A) DISMISSAL WHEN NO REHEARING ORDERED.— If the Judge Advocate General sets aside findings and sentence and does not order a rehearing, the Judge Advocate General shall dismiss the charges.
(B) DISMISSAL WHEN REHEARING IMPRACTICABLE.—
(i) IN GENERAL.— Subject to clause (ii), if the Judge Advocate General sets aside findings and orders a rehearing and the convening authority determines that a rehearing would be impracticable, the convening authority shall dismiss the charges.
(ii) CASES REFERRED BY SPECIAL TRIAL COUNSEL.— If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.
Cross-referencesCited by 11Cites 7
Cited by
Provisions elsewhere in the Manual whose text cites Article 65. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 502(d)(5) — Qualifications and duties of personnel of courts-martial
…See R.C.M. 1204 and 1205. If the case may be examined in the office of the Judge Advocate General under Article 65, defense counsel should explain the nature of such review to the accused. See R.C.M. 1201(d)(1) and (e).…
…of guilty not reviewed by a Court of Criminal Appeals under Article 66(b)(1) or (3) shall be reviewed under Article 65(d)(2).
…for review by the Court of Criminal Appeals under Article 66(b)(1), the case shall be reviewed under Article 65(d)(3).
See Article 65(b) and Article 61.
…Review. A Court of Criminal Appeals shall review cases forwarded to it by the Judge Advocate General under Article 65(b)(1).
…or midshipman; dishonorable discharge or bad-conduct discharge; or confinement for 2 years or more. See Article 65(b)(1), Article 66(b)(3), R.C.M. 1116(b)(1). An accused may not waive the right to appellate review or withdraw an…
R.C.M. 1209(a)(1)(A) — Finality of courts-martial
Review is completed under R.C.M. 1201(a) (Article 65);
Uniform Code of Military Justice
Art. 57(c)(1)(A) — Effective date of sentences
a review under section 865 of this title (article 65) is completed; or
…beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)); or
…beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under section 861 of this title…
In a case reviewed under section 865(b) of this title (article 65(b)), review under this section is limited to the issue of whether the waiver or withdrawal of an appeal was…
Article 65 cites
Provisions named in the text of Article 65. Where the cited provision is on this site, the link opens it.