The military appeals process varies by branch, jurisdiction, and type of appeal. Service members can appeal court-martial decisions, seek clemency, and challenge discharges or disability designations. The process may involve a panel of judges or review board and deadlines for paperwork.
A military appeal might seek a review after a court-martial, challenge disability decisions, concern veterans’ benefits, or seek to remove unfavorable remarks from a service member’s record. The military appeals process usually depends on the branch of the military, the jurisdiction, and the type of appeal being filed. Typically, separate forms and deadlines apply for each type of appeal.
Service members convicted in military court of misconduct could file a military appeal in the appellate court for the branch of the military in which they serve. The typical process includes a review of military court decisions by a panel of military judges who can change or approve the court’s decision. The convicted service member could first petition a clemency board before filing a military appeal.
If the pardon is denied, an appeal can be filed with the military appeals court. In cases of dishonorable discharge or imprisonment for more than one year, the case automatically goes to the higher court. The military typically provides an attorney to represent the defendant. He or she may also hire a private counsel at this stage of the military appeals process.
In the US, applications lost in military courts could be heard by the US Supreme Court after seeking review. A similar system exists in Canada, where a panel of three federal judges could review military decisions. In British law, a civilian appeals court retains jurisdiction over military court-martial appeals.
Military discharges outside the court-martial process could also be appealed. An administrative dismissal for misconduct could be reversed by appealing to special commissions charged with examining documents and evidence. A service member typically presents witnesses and offers evidence to argue that the discharge is unwarranted. An attorney may be authorized to appear on behalf of the person filing the military appeal.
In some areas, an appeals process exists to protest negative comments in a military personnel record, including letters of reprimand. A review board or similar authority usually reviews the appeal and can correct or remove the disparaging information. This process could be used by active duty military, retired veterans, or family members of deceased members.
There are also appeals boards to challenge disputes over disability designation, compensation, and denial of veterans benefits. A military disability appeal may be filed when an administrative decision determines that the service member is ineligible for service due to a disability. He or she could appeal the decision to a council empowered to change the outcome. Appeals boards may also exist to combat denial of veterans benefits. As with most military appeals, there are deadlines for submitting proper paperwork.
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