Lance B. Sigmon, Civilian Defense Counsel - Military Lawyer for the United States Army, Navy, Air Force and Marines

Lance B Sigmon, Military Lawyer and Civilian Defense Counsel for the US Armed Services, focusing on Courts-Martial and Court-Martial Appeals.

Military Status while Appeal Pending

July 22nd, 2010

Am I still in the military while my appeal is pending?

If your case is still being appealed through the military court system, you have a pending punitive discharge, and you are released from confinement (due to parole or minimum/maximum release date), you will be placed on appellate/excess leave (without pay). This status continues until the appellate review of your court-martial is over and the punitive discharge is acted upon. During this time, you are still subject to the UCMJ for any criminal misconduct. It also means that you and your dependents retain their military ID cards and military benefits (medical, BX/commissary, etc.) during that appeal process.

Areas of Expertise

  • Courts-Martial
  • Court-Martial Appeals
  • See Also

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