Originally Posted by Eghad
The only way you are going to appeal that is to provide new evidence that you are innocent of the charges. You cant just appeal it. I think you might even have to wait 15 years to take it to the board for appeal.
This is not true. Every court martial conviction that includes confinement for more than one year or a punitive discharge is required to be reviewed by that services court of criminal appeal.
While the courts of criminal appeal generally follow the same rules that civillian appeals courts do there are some differences.
1. The appeals court may only approve findings and sentences that are correct in law and fact. This means that when a case is reviewed each judge on the panel must decide whether or not they are conviced of the accused's guilt in addition to looking at errors of law.
2. The appeals courts review all guilty pleas to determine whether or not the plea was provident. Basically if the defendant doesn't admit to all of the elements in their own words and disavow all defenses. Many guilty pleas have been rejected or overturned. (see Lyndie England whose guilty plea was rejected because one witness at sentencing testified that PFC England was just doing what she was told.)
3. If they dismiss any charges or specifications the courts often just reassess the sentence instead of returning the case.
A dishonarable discharge is not considered a felony. It is a prohibited category under the GCA. If one is convicted by a court martial and was represented by counsel then it is treated just like a federal conviction. In the military justice system the accused enjoys substantially similar, and in some cases greater, due process when compared to defendants in federal court.
The right to counsel, grand juries (Article 32 hearings at which the accused gets to appear and question witnesses), right against self incrimination, jury trial (though not applicable it is still afforded to the accused), government must prove guilt, etc.
The key difference is that a 2/3's vote is needed to convict and 1/3 +1 vote to acquit.
Theoretically any court martial conviction makes one a prohibited person because the language of the UCMJ states "whoever [insert decription of offense] shall be punished as a court martial directs." The only limits on the length of sentence come from the fact that the president, in his capacity as the most senior court martial convening authority and pursuant to authority from congress, has promulgated limits for offenses in the manual for courts martial. Every court martial offense is theoretically punishable by confinement of over one year and an accused merely receives the benefit of preemptive clemency.
The only sentence that is specifically limited in the text of the UCMJ is death Congress has specifically stated "shall suffer death or other punishment as directed by a court martial" on death sentence offenses.
