MJ-020 · MILITARY JUSTICE
New Trial, Clemency, Extraordinary Relief & Finality
MJ-020: Post-conviction remedies are separate lanes. A new-trial petition, clemency request, extraordinary writ, direct appeal, correction-board application and collateral challenge do not share the same forum, standard or deadline.
Controlling authorities
- UCMJ Post-Trial Procedure and Review — Subchapter IX
- Article 76 — Finality
- CAAF Rules of Practice and Procedure
Working procedure
- Name the remedy before calculating a deadline: direct appeal, petition for new trial, clemency/remission, extraordinary writ or another statutory route.
- Identify the tribunal or official with authority to grant that specific relief.
- Preserve newly discovered evidence, fraud allegations, affidavits and provenance separately when a new-trial theory is asserted.
- Do not treat Article 76 finality as eliminating every expressly authorized post-finality mechanism; identify the exact statutory or judicial source relied upon.
- Keep administrative correction and discharge-review pathways separate from judicial appellate remedies.
Records to preserve
Final judgment; appellate opinions and mandate; petition and supporting evidence; clemency or remission submissions; writ pleadings; administrative correction applications; final agency/court action.
Version control
Match the offense date, procedural date, service, forum and filing date to the governing UCMJ text, MCM/R.C.M./M.R.E. version, later presidential amendments, service rule and court rule. The 2024 MCM remains the current published edition, but later operative amendments must be checked before treating it as complete current procedure.
Registry sources: SRC-173; SRC-174; SRC-175; SRC-176 · Last verified: October 4, 2026 · Review cadence: 30 days
