Yes, but reaching the Court of Appeals for the Armed Forces (CAAF) follows specific rules that surprise people: for most cases, CAAF does not have to take the appeal at all. It is largely a discretionary court that sits above the service appellate courts, and getting in requires the right step at the right time. Understanding when review is automatic and when it must be earned is the whole picture.
Where CAAF sits
CAAF is the exclusive forum for appealing the decisions of the service Courts of Criminal Appeals (CCAs), the Army, Navy-Marine Corps, Air Force, and Coast Guard courts. So an appeal does not go straight to CAAF; it comes after a CCA has reviewed the case. CAAF is the next rung up, and above CAAF only the U.S. Supreme Court can review, by certiorari.
Mandatory versus discretionary review
Under Article 67 of the UCMJ, how a case gets to CAAF depends on the case:
- Mandatory review. CAAF must review cases affirmed by a CCA that include a death sentence, and cases that The Judge Advocate General certifies for review.
- Discretionary review. For everything else (except death cases), review is discretionary. The accused files a petition for grant of review, which CAAF may grant for good cause shown. A key asymmetry: the government may not petition for review; this path belongs to the accused.
So most appellants are asking CAAF to take the case, not telling it to.
Timing and scope
Two more rules shape the appeal:
- Timing. A petition for grant of review must generally be filed within 60 days of when the accused is notified of the CCA decision (or it is mailed).
- Scope. Under Article 67(c), CAAF’s review is limited to issues of law. It does not re-weigh the facts; it examines whether the law was correctly applied to the findings and sentence as affirmed by the CCA.
That law-only scope means an effective petition is framed around legal error, not a retelling of the facts.
Consider a member whose conviction was affirmed by the service appellate court: the attorney files a petition for review at the higher court within sixty days, framing the issue as a question of law.
The essential takeaway is that a CAAF appeal is a disciplined, deadline-driven step. It follows the CCA, it is usually discretionary and earned by a petition for good cause within 60 days, only the accused may petition in non-death cases, and the court considers questions of law, which is exactly how a strong petition is shaped.
Frequently Asked Questions
Does CAAF have to hear every appeal?
No. Except for death-sentence cases and cases the Judge Advocate General certifies, CAAF review is discretionary, granted on a petition for good cause shown.
Can the government appeal to CAAF?
For a petition for grant of review, no. That path belongs to the accused; the government may not petition for review of a CCA decision.
How long is there to petition CAAF?
Generally 60 days from when the accused is notified of the Court of Criminal Appeals decision, and CAAF’s review is limited to issues of law.
This article is general information about appeals to the Court of Appeals for the Armed Forces. It is not legal advice and does not create an attorney-client relationship. Deadlines and procedures are strict and can change. Anyone considering an appeal should consult qualified appellate counsel promptly.
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