DD Form 2331 Waiver/Withdrawal of Appellate Rights in General Courts-Martial Subject to Examination in the Office of the Judge Advocate General

DD Form 2331 - also known as the "Waiver/withdrawal Of Appellate Rights In General Courts-martial Subject To Examination In The Office Of The Judge Advocate General" - is a Military form issued and used by the United States Department of Defense.

The form - often incorrectly referred to as the DA form 2331 - was last revised on July 1, 2016. Download an up-to-date fillable DD Form 2331 down below in PDF-format or find it on the Department of Defense documentation website.

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WAIVER/WITHDRAWAL OF APPELLATE RIGHTS IN GENERAL COURTS-MARTIAL
SUBJECT TO EXAMINATION IN THE OFFICE OF THE JUDGE ADVOCATE GENERAL
NOTE:
See R.C.M. 1201(b)(1) concerning which cases are subject to examination in the Office of the Judge Advocate General.
See R.C.M. 1110 concerning waiver or withdrawal of appellate review.
.
I have read the attached action, dated
, my (associate) defense counsel concerning my
I have consulted with
appellate rights and I am satisfied with his/her advice.
I understand that:
1. If I do not waive or withdraw appellate review, my case will be examined in the Office of the Judge Advocate General to
determine whether the findings and sentence are legally correct and whether the sentence is appropriate.
2. If I waive or withdraw appellate review -
a. My case will not be examined in the Office of the Judge Advocate General under Article 69(a), UCMJ.
b. My case will be reviewed by a judge advocate for legal error, and I may submit in writing allegations of legal
error for consideration by the judge advocate under Article 64..
c. After review by the judge advocate and final action in my case, I may petition the Judge Advocate General for review
under Article 69(b). Such a petition must be filed on or before the last day of the two-year period beginning on the date
my sentence was approved, unless I can show good cause for filing later.
d. I may file a waiver of appellate review only within a 10 day period after my defense counsel or I am served with a copy of
the convening authority's action, unless the convening authority extends this period for good cause by not more than 30 days.
e. I may file withdrawal from appellate review any time before such review is completed.
f. A waiver or withdrawal, once filed, may not be revoked.
3. Whether or not I waive or withdraw appellate review, I may petition the Judge Advocate General for a new trial under Article 73
on the grounds of newly discovered evidence or fraud on the court at any time within two years after approval by the convening
authority of a court-martial sentence.
4. Understanding the above, I hereby (waive my rights to appellate review) (withdraw my case from appellate review). I make
this decision freely and voluntarily. No one has made any promises that I would receive any benefits from this waiver/
withdrawal, and no one has forced me to make it.
TYPED NAME OF ACCUSED
RANK OF ACCUSED
SIGNATURE OF ACCUSED
DATE
DD FORM 2331, JUL 2016
Adobe Professional XI
PREVIOUS EDITION IS OBSOLETE.
WAIVER/WITHDRAWAL OF APPELLATE RIGHTS IN GENERAL COURTS-MARTIAL
SUBJECT TO EXAMINATION IN THE OFFICE OF THE JUDGE ADVOCATE GENERAL
NOTE:
See R.C.M. 1201(b)(1) concerning which cases are subject to examination in the Office of the Judge Advocate General.
See R.C.M. 1110 concerning waiver or withdrawal of appellate review.
.
I have read the attached action, dated
, my (associate) defense counsel concerning my
I have consulted with
appellate rights and I am satisfied with his/her advice.
I understand that:
1. If I do not waive or withdraw appellate review, my case will be examined in the Office of the Judge Advocate General to
determine whether the findings and sentence are legally correct and whether the sentence is appropriate.
2. If I waive or withdraw appellate review -
a. My case will not be examined in the Office of the Judge Advocate General under Article 69(a), UCMJ.
b. My case will be reviewed by a judge advocate for legal error, and I may submit in writing allegations of legal
error for consideration by the judge advocate under Article 64..
c. After review by the judge advocate and final action in my case, I may petition the Judge Advocate General for review
under Article 69(b). Such a petition must be filed on or before the last day of the two-year period beginning on the date
my sentence was approved, unless I can show good cause for filing later.
d. I may file a waiver of appellate review only within a 10 day period after my defense counsel or I am served with a copy of
the convening authority's action, unless the convening authority extends this period for good cause by not more than 30 days.
e. I may file withdrawal from appellate review any time before such review is completed.
f. A waiver or withdrawal, once filed, may not be revoked.
3. Whether or not I waive or withdraw appellate review, I may petition the Judge Advocate General for a new trial under Article 73
on the grounds of newly discovered evidence or fraud on the court at any time within two years after approval by the convening
authority of a court-martial sentence.
4. Understanding the above, I hereby (waive my rights to appellate review) (withdraw my case from appellate review). I make
this decision freely and voluntarily. No one has made any promises that I would receive any benefits from this waiver/
withdrawal, and no one has forced me to make it.
TYPED NAME OF ACCUSED
RANK OF ACCUSED
SIGNATURE OF ACCUSED
DATE
DD FORM 2331, JUL 2016
Adobe Professional XI
PREVIOUS EDITION IS OBSOLETE.
STATEMENT OF COUNSEL
(Check appropriate block)
1. I represented the accused at his/her court-martial.
2. I am associate counsel detailed under R.C.M. 1110(b). I have communicated with the accused's (detailed)
(individual military) (civilian) (appellate) defense counsel concerning the accused's waiver/withdrawal and discussed
this communication with the accused.
3. I am substitute counsel detailed under R.C.M. 1110(b).
4. I am a civilian counsel whom the accused consulted concerning this matter. I am a member in good standing of the bar of
.
5. I am appellate defense counsel for the accused.
I have advised the accused of his/her appellate rights and of the consequences of waiving or withdrawing appellate review.
The accused has elected to (waive) (withdraw) appellate review.
TYPED NAME OF COUNSEL
UNIT OF COUNSEL
RANK OF COUNSEL
BUSINESS ADDRESS (If Civilian Counsel)
SIGNATURE OF COUNSEL
DATE
DD FORM 2331 (BACK), JUL 2016

Download DD Form 2331 Waiver/Withdrawal of Appellate Rights in General Courts-Martial Subject to Examination in the Office of the Judge Advocate General

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