---
kind: "section"
citation: "10 U.S.C. § 950c"
title: "10"
title_heading: "Armed Forces"
number: "950c"
heading: "Appellate referral; waiver or withdrawal of appeal"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/950c"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter VII — Post-Trial Procedure and Review of Military Commissions"
---

# §950c. Appellate referral; waiver or withdrawal of appeal

- (a) **Automatic Referral for Appellate Review.—** Except as provided in [subsection (b)](#b), in each case in which the final decision of a [military](/usc/10/801.md?p=8) commission under this chapter (as approved by the convening authority) [includes](/usc/10/101.md?p=g-4) a finding of guilty, the convening authority shall refer the case to the [United States](/usc/10/101.md?p=a-1) Court of [Military](/usc/10/801.md?p=8) Commission Review. Any such referral shall be made in accordance with procedures prescribed under regulations of the [Secretary](/usc/10/4951.md?p=3).
- (b) **Waiver of Right of Review.—**
  - (1) Except in a case in which the sentence as approved under [section 950b of this title](/usc/10/950b.md) extends to death, an accused may file with the convening authority a statement expressly waiving the right of the accused to appellate review by the [United States](/usc/10/101.md?p=a-1) Court of [Military](/usc/10/801.md?p=8) Commission Review under [section 950f of this title](/usc/10/950f.md) of the final decision of the [military](/usc/10/801.md?p=8) commission under this chapter.
  - (2) A waiver under [paragraph (1)](#b-1) shall be signed by both the accused and a defense counsel.
  - (3) A waiver under [paragraph (1)](#b-1) must be filed, if at all, within 10 days after notice of the action is served on the accused or on defense counsel under [section 950b(c)(4) of this title](/usc/10/950b.md?p=c-4). The convening authority, for good cause, may extend the period for such filing by not more than 30 days.
- (c) **Withdrawal of Appeal.—** Except in a case in which the sentence as approved under [section 950b of this title](/usc/10/950b.md) extends to death, the accused may withdraw an appeal at any time.
- (d) **Effect of Waiver or Withdrawal.—** A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under [section 950f of this title](/usc/10/950f.md).

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2600.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 950c, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2620, related to appellate referral and waiver or withdrawal of appeal, prior to the general amendment of this chapter by Pub. L. 111–84.