Appellate Leave

Start Here If You Are New to Appellate Leave

Appellate leave is the leave status for Marines who received a punitive discharge or dismissal from a court-martial AND are awaiting completion of appellate review. Per UCMJ Article 71(c), the punitive discharge cannot be executed until appellate review is complete. The Marine remains in a leave status (rather than confined or in regular duty) during the appellate review period. Voluntary appellate leave is granted before convening authority (CA) approval at the Marine's request. Involuntary appellate leave is mandatory after CA approval. The Navy and Marine Corps Appellate Leave Activity (NAMALA) at Washington Navy Yard administers involuntary appellate leave Marines.

This page walks you through appellate leave from your seat as a General Marine. By the end you will know.

• The voluntary vs. involuntary appellate leave distinction
• The CA approval trigger for involuntary appellate leave
• The role of NAMALA at Washington Navy Yard
• Pay status during appellate leave (varies by stage)
• The OEGCMJ approval authority
• Termination conditions for appellate leave
• Service record transfer process

Every fact on this page comes from MCO 1050.16AMCO 1050.16A (19 June 1998), UCMJ Articles 71(c) and 76a, MCO 1050.3JMCO 1050.3J Chapter 2 paragraph 26, the Manual for Courts-Martial, and DoD 7000.14-R Volume 7ADoD 7000.14-R Volume 7A Chapter 48.

What Appellate Leave Is

Per MCO 1050.16AMCO 1050.16A paragraph 3, per UCMJ Article 71(c), Service Members awarded punitive discharges at courts-martial may NOT have the discharge executed until completion of appellate review.

Per UCMJ Article 76a, Service Members sentenced by court-martial to a punitive discharge or dismissal may be allowed or required to take appellate leave while awaiting appellate review of such sentences.

Appellate leave is used to remove these Marines from the physical presence of the command, thus promoting readiness, good order, and discipline.

Voluntary Appellate Leave

Per MCO 1050.16AMCO 1050.16A paragraph 4, voluntary appellate leave is the leave status before CA approval of the court-martial sentence.

Eligibility for Voluntary Appellate Leave

If all confinement has been served BUT the court-martial sentence is pending approval by the convening authority (CA), the Marine may submit a WRITTEN REQUEST for voluntary appellate leave.

Approval Authority

The officer in the chain of command exercising general court-martial jurisdiction (OEGCMJ) approves voluntary appellate leave.

Granting Process

If approved, the Marine is sent on voluntary appellate leave. The Marine.

• Departs the physical presence of the unit.
• Remains on Active Duty status.
• Awaits the CA's approval or disapproval of the sentence.

Voluntary Appellate Leave Documentation

The voluntary appellate leave orders are documented per MCO 1050.16AMCO 1050.16A enclosure (2) (Sample Voluntary Appellate Leave Orders).

Termination of Voluntary Appellate Leave

Per MCO 1050.16AMCO 1050.16A paragraph 5, the OEGCMJ may terminate voluntary appellate leave at the OEGCMJ's discretion or upon the Marine's written request.

Conversion from Voluntary to Involuntary Appellate Leave

Per MCO 1050.16AMCO 1050.16A paragraph 6, upon approval of the sentence by the CA, the Marine's voluntary appellate leave status changes to INVOLUNTARY appellate leave. Per PAA 01-24PAA 01-24, the trigger for involuntary appellate leave shifts from the CA action to the entry of judgement under UCMJ Article 76a and MCM 2024 Appendix 15 R.C.M. 1111. MCO 1050.16A paragraphs 6 and 7 sit superseded by the entry of judgement framework.

Service Record Transfer

At this time, the Marine's commanding officer transfers the Marine by service record to the Commanding Officer, NAMALA.

Notification

The commanding officer notifies the Marine of the change in appellate leave status using the sample notification letter in MCO 1050.16AMCO 1050.16A enclosure (3). The written notification informs the Marine of.

• The CA has approved, in whole or in part, the Marine's court-martial sentence which includes an unsuspended and unremitted punitive discharge or dismissal.
• The Marine has been transferred by service record to the Commanding Officer, NAMALA.

The Marine must contact NAMALA regarding changes in residency, dependency, hospitalization, or with questions relating to appellate review status.

Involuntary Appellate Leave

Per MCO 1050.16AMCO 1050.16A paragraph 7, involuntary appellate leave is the leave status after CA approval of the court-martial sentence.

Conditions for Direction onto Involuntary Appellate Leave

If the Marine was NOT approved for voluntary appellate leave, the OEGCMJ ORDERS the Marine onto involuntary appellate leave upon CA approval of the sentence. To be placed on involuntary appellate leave.

• The punitive discharge or dismissal must be unsuspended and unremitted.
• All approved confinement and parole must be served.

Restrictions on Involuntary Appellate Leave Direction

Marines in the following statuses may NOT be placed on involuntary appellate leave until they have been returned to the control of their parent commands.

• Unauthorized absence or desertion status.
• In the hands of civilian authorities.

Documentation

Once directed, the Marine is sent on involuntary appellate leave using MCO 1050.16AMCO 1050.16A enclosure (4) (Sample Involuntary Appellate Leave / Transfer by Service Record Orders).

NAMALA (Navy and Marine Corps Appellate Leave Activity)

NAMALA is located at the Washington Navy Yard, Washington, DC. NAMALA administers Marines and Sailors on involuntary appellate leave.

NAMALA Functions

• Maintains the service record for Marines on involuntary appellate leave.
• Coordinates with the appellate review courts.
• Serves as the point of contact for the Marine on changes in residency, dependency, or hospitalization.
• Coordinates the punitive discharge execution upon completion of appellate review.

Marine Contact with NAMALA

The Marine on involuntary appellate leave must contact NAMALA regarding.

• Changes in residency.
• Changes in dependency status.
• Hospitalization or medical treatment.
• Questions relating to appellate review status.

Termination of Appellate Leave

Per MCO 1050.16AMCO 1050.16A paragraph 8.

Rehearing of the Court-Martial

If an approved punitive discharge or dismissal is set aside, OR if a rehearing of any portion of the court-martial is directed, the involuntary appellate leave is terminated.

When leave is terminated, the termination date is the day PRIOR to the date the Marine reports for duty.

Prior to terminating appellate leave, NAMALA transfers the Marine by service record back to the CA.

Dismissal or Punitive Discharge Set Aside (Beyond Obligated Service)

Per paragraph 8.b.(1), if the Marine's obligated active duty date has passed AND the dismissal or punitive discharge has been set aside with no rehearing, there is no requirement to terminate appellate leave. The Marine is discharged per the standard separation framework. The character of discharge is as warranted by the service record.

Dismissal or Punitive Discharge Set Aside (Remaining Obligated Service)

Per paragraph 8.b.(2), if the Marine's obligated active duty has not expired and the dismissal or punitive discharge has been set aside, appellate leave may be terminated and the Marine returns to duty.

Completion of Appellate Review

Once appellate review is complete and the punitive discharge or dismissal is final, the Marine is discharged per the sentence. The Marine's punitive discharge takes effect on the discharge date.

Pay Status During Appellate Leave

Pay status varies by the stage of appellate leave.

During Voluntary Appellate Leave (Before CA Approval)

The Marine is in a chargeable leave status. Accrued leave is used to cover the appellate leave period. Once the accrued leave is exhausted, the Marine may be in an excess leave status (without pay) per the standard framework.

During Involuntary Appellate Leave (After CA Approval)

The Marine is in an excess leave status (without pay and allowances) per UCMJ Article 76a and DoD policy. The Marine does NOT receive basic pay, BAH, BAS, or other entitlements during involuntary appellate leave.

The Court-Martial and NJP Pay Impact page covers the pay impact framework in detail.

Marine Identification Card and Base Access

Per MCO 1050.16AMCO 1050.16A and supporting MCO P5512.11AMCO P5512.11A, the Marine on involuntary appellate leave typically retains a military ID card during the appellate review period (for medical care, pay administration, etc.). The ID card is collected upon completion of appellate review and execution of the punitive discharge.

Base access for Marines on involuntary appellate leave is restricted. Marines coordinate with NAMALA for access requirements.

Effect on Awards and Career

A Marine on appellate leave following a court-martial conviction.

• Has the punitive discharge pending finalization.
• Cannot be promoted.
• Cannot receive new awards (existing awards remain in service record).
• Has career advancement halted pending appellate review outcome.

If the punitive discharge is set aside on appeal, the Marine returns to duty and career advancement resumes per the standard framework.

Verifying Appellate Leave Authorization

A leave authorization documents the appellate leave status.

Step 1. Court-Martial Sentence

The Marine receives the court-martial sentence including the punitive discharge or dismissal.

Step 2. Confinement Service (If Applicable)

The Marine serves any approved confinement.

Step 3. Voluntary Appellate Leave Request (Optional)

If all confinement has been served, the Marine may submit a written request for voluntary appellate leave to the OEGCMJ.

Step 4. CA Approval

The convening authority approves or modifies the sentence.

Step 5. Transition to Involuntary Appellate Leave

Upon CA approval with unsuspended punitive discharge, the Marine is transferred by service record to NAMALA. The Marine is on involuntary appellate leave.

Step 6. Appellate Review

The Marine awaits appellate review of the sentence. The review is conducted by the Navy-Marine Corps Court of Criminal Appeals (NMCCA), the Court of Appeals for the Armed Forces (CAAF), and potentially the Supreme Court.

Step 7. Final Outcome

Upon completion of appellate review.

• If the discharge is upheld. The Marine is discharged.
• If the discharge is set aside. The Marine returns to duty per the framework.

Common Questions Marines Ask

I received a Bad Conduct Discharge at court-martial. When does the discharge take effect?

Per UCMJ Article 71(c), the discharge cannot be executed until completion of appellate review. You will be on appellate leave during the review period.

What is the difference between voluntary and involuntary appellate leave?

Voluntary appellate leave is requested by you (the Marine) BEFORE CA approval, after all confinement is served. Involuntary appellate leave is mandatory AFTER CA approval. You are required to take involuntary appellate leave once the CA approves the sentence.

Will I receive pay during appellate leave?

During voluntary appellate leave (before CA approval), you use accrued leave (chargeable). Once accrued leave is exhausted, you may be in an excess leave status without pay. During involuntary appellate leave (after CA approval), you are in an excess leave status without pay or allowances. The Court-Martial and NJP Pay Impact page covers details.

Where will I be administratively assigned during involuntary appellate leave?

Per MCO 1050.16AMCO 1050.16A paragraph 6, upon CA approval, you are transferred by service record to the Commanding Officer, NAMALA at the Washington Navy Yard. NAMALA administers Marines on involuntary appellate leave.

What happens if my punitive discharge is set aside on appeal?

Per MCO 1050.16AMCO 1050.16A paragraph 8.b, if the discharge is set aside.

• If your obligated service is complete. You are discharged with character of service warranted by the service record.
• If you have remaining obligated service. Appellate leave may be terminated and you return to duty.

How long does appellate review take?

Appellate review timelines vary widely. The Navy-Marine Corps Court of Criminal Appeals (NMCCA) typically takes 12 to 24 months. Further appeals to CAAF or the Supreme Court extend the timeline. Total appellate review can range from 1 to 5 years or more.

Can I take a civilian job during appellate leave?

During involuntary appellate leave (without pay), you may pursue civilian employment if not specifically prohibited by the court-martial sentence or NAMALA guidance. Coordinate with NAMALA before accepting employment.

Can I attend college during appellate leave?

Yes, in most cases. During involuntary appellate leave (without pay), you may attend college using GI Bill or other education benefits if eligible. Coordinate with NAMALA on residency and notification.

What if I get sick during appellate leave?

Per MCO 1050.16AMCO 1050.16A paragraph 6.b, you must contact NAMALA regarding hospitalization or medical treatment. Your medical care is coordinated with NAMALA per the standard military medical framework.

When do I return my Marine ID card?

Typically upon execution of the punitive discharge after appellate review is complete. Coordinate with NAMALA for the specific timing.

Where to Go for Help

Routing by Issue

• Voluntary appellate leave request. Submit through your chain of command to the OEGCMJ.
• Service record transfer to NAMALA. Coordinate with your unit S-1 upon CA approval of the sentence.
• NAMALA contact for residency, dependency, hospitalization changes. Contact NAMALA directly at the Washington Navy Yard.
• Legal counsel during appellate review. Coordinate with your detailed defense counsel.
• Pay status questions. Coordinate with your S-1 and the unit Staff Judge Advocate.
• Final discharge processing. NAMALA coordinates upon completion of appellate review.

Where to Go Next on This Site

• Leave and Liberty landing page lists all the leave and liberty topics.
• Court-Martial and NJP Pay Impact covers the pay impact framework during court-martial sentences and appellate leave.
• Annual Leave covers the leave framework for chargeable voluntary appellate leave.
• Separation Payments covers final pay processing if applicable.

Related Roles

• Leaders ensure Marines pending punitive separation understand the appellate leave framework before sentencing.
• Admin at S-1 processes service record transfer to NAMALA upon CA approval.
• Commanders coordinate with the OEGCMJ for voluntary appellate leave requests and direction onto involuntary appellate leave.
• Staff Judge Advocate provides legal coordination throughout the appellate review.

Appellate leave covers the period after a Marine is sentenced to a punitive discharge but before the discharge is final per UCMJ Article 71(c). Voluntary appellate leave (before CA approval) is requested. Involuntary appellate leave (after CA approval) is mandatory. NAMALA at the Washington Navy Yard administers Marines on involuntary appellate leave. Pay status varies by stage. The Marine remains on Active Duty status until the punitive discharge is executed upon completion of appellate review.