What Is the Post-Trial Review Process in the Military Justice System?
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After a general or special court-martial, the military judge signs a Statement of Trial Results (Article 60); the accused and any victim may submit matters to the convening authority; the convening authority may act on the sentence, and in some cases on the findings, within the limits of Articles 60a and 60b; and the military judge then enters the judgment, which is given to the accused and any victim and made public (Article 60c). Appellate review follows, as described in how the military appellate court system functions. This structure took effect on January 1, 2019, and the Military Justice Act of 2016 does not apply to cases in which charges were referred before that date.
The sequence
| Step | Who | Rule |
|---|---|---|
| Statement of Trial Results: each plea and finding, the sentence, and other prescribed information | Military judge | Article 60(a); R.C.M. 1101 |
| Post-trial motions that may affect a plea, finding, sentence, or the record | Military judge, before entry of judgment | Article 60(b) |
| Submissions by the accused (within 10 days after sentence at a general or special court-martial) and by any victim | Accused; victim | R.C.M. 1106, 1106A |
| Action on the sentence, and in some cases the findings | Convening authority | Articles 60a, 60b; R.C.M. 1109, 1110 |
| Entry of judgment | Military judge | Article 60c; R.C.M. 1111 |
| Appellate review | Court of Criminal Appeals and beyond | Articles 65-69 |
Which cases use this process. The Military Justice Act of 2016 took effect on January 1, 2019, the date designated by the President, and “shall not apply to any case in which charges are referred to trial by court-martial before the effective date” (Pub. L. 114-328, § 5542(c)(2)); Executive Order 13825 governs the transition. Older cases followed the earlier convening authority “action” model.
What the convening authority can still do
Which regime applies. In the serious cases listed in Article 60a(a)(2), the convening authority “may not act on the findings” and has only narrow power over the sentence; in other cases Article 60b allows it to set aside findings and to disapprove, commute, or suspend the sentence, with a written explanation for any action (Article 60b(d)(2)). The four Article 60a triggers and its two exceptions are set out in the convening authority’s role.
Timing. The convening authority acts before entry of judgment, except for post-judgment substantial-assistance action (Articles 60a(a)(3), (d)(2); 60b(a)(3)-(4)).
What it must consider. Written matters from the accused and any victim, but not matters about a victim’s character unless presented at trial and not excluded (Articles 60a(e), 60b(c)). The decision goes to the military judge with copies to the accused and any victim (Articles 60a(f), 60b(d)).
The convening authority’s role and the clemency powers of the Secretaries and the President are compared in clemency, pardon, and commutation in military cases.
Entry of judgment
“In a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court.” The judgment consists of the Statement of Trial Results plus any modifications from the convening authority’s action or from rulings of the military judge that affect a plea, a finding, or the sentence. It is provided to the accused and any victim and “made available to the public” (Article 60c(a)). For a summary court-martial, the findings and sentence as modified by the convening authority are the judgment (Article 60c(b)).
Plea agreements after trial
A plea agreement accepted by the military judge binds “the parties and the court-martial”, and the court-martial sentences within its limits (R.C.M. 910(f)(6), 1002(a)(3)). Agreements are covered in plea agreements in the military justice system.
The record of trial
Executive Order 14130 (December 20, 2024) made three changes:
- Transcript. “A certified verbatim transcript of the record of trial shall be prepared in all general and special courts-martial in which the judgment includes a finding of guilty” (R.C.M. 1114(a)).
- Retention. “For each general or special court-martial, without regard to the outcome of the proceeding concerned, the record of trial, or one copy thereof … shall be retained in perpetuity” (new R.C.M. 1118).
- Contents. The record now includes materials provided to the military judge under R.C.M. 309(a)(3) (R.C.M. 1112(f)(1)).
Post-trial delay
In United States v. Moreno, 63 M.J. 129 (C.A.A.F. 2006), the Court of Appeals for the Armed Forces set time frames that trigger due process review of post-trial delay, including convening authority action within 120 days of the completion of trial and a Court of Criminal Appeals decision within 18 months of docketing; once triggered, courts weigh the length of the delay, the reasons for it, the appellant’s assertion of the right, and prejudice. CAAF’s digest notes that the 2019 post-trial rules “call into question the continued validity” of the Moreno time lines, a question the court left open in a case referred before the new rules took effect.
Sources
- 10 U.S.C. § 860, Article 60, Post-trial processing in general and special courts-martial (Cornell LII)
- 10 U.S.C. § 860a, Article 60a (Cornell LII)
- 10 U.S.C. § 860b, Article 60b (Cornell LII)
- 10 U.S.C. § 860c, Article 60c, Entry of judgment (Cornell LII)
- 10 U.S.C. § 801, with Military Justice Act of 2016 effective-date note (Cornell LII)
- CAAF Digest, Speedy Trial: Post-Trial (CAAF)
- Manual for Courts-Martial, United States (2024 ed.), R.C.M. 910(f), 1002(a), 1101, 1106, 1106A, 1109-1112
- Executive Order 14130, 2024 Amendments to the Manual for Courts-Martial, United States (December 20, 2024), 89 Fed. Reg. 105343 (govinfo), Annex amendments to R.C.M. 1112(f), 1114(a), and new R.C.M. 1118
This article is general information about military law, not legal advice for any individual case.