DD Form 2330 – Waiver/Withdrawal of Appellate Rights

DD Form 2330 – Waiver/Withdrawal of Appellate Rights – DD Form 2330 is the official Department of Defense form used by accused service members to waive or withdraw their right to appellate review in general and special courts-martial that are subject to review by a Court of Criminal Appeals (formerly known as a Court of Military Review). The current edition is dated January 14, 2019 (JAN 2019).

This form applies to cases referred on or after January 1, 2019. It is prescribed for use across the U.S. armed forces and is maintained by the Department of the Army Forms Management Program.

Legal Authority for DD Form 2330

The authority for waiving or withdrawing appellate rights comes from Article 61 of the Uniform Code of Military Justice (UCMJ), codified at 10 U.S. Code § 861. The procedures are further detailed in Rule for Courts-Martial (R.C.M.) 1115 of the Manual for Courts-Martial, United States (2024 Edition).

Under Article 61:

  • After entry of judgment in a general or special court-martial, the accused may waive the right to appellate review under Article 66.
  • The accused may withdraw an appeal at any time before review is completed.
  • A waiver or withdrawal is not permitted in any case that includes a sentence of death.
  • A valid waiver or withdrawal bars further review by a Court of Criminal Appeals (with limited exceptions under Article 69).

When DD Form 2330 Is Used?

DD Form 2330 is used in general courts-martial and special courts-martial that qualify for review by a service Court of Criminal Appeals. These typically include cases involving:

  • A sentence of death (waiver not allowed)
  • Dismissal of a commissioned officer, cadet, or midshipman
  • Dishonorable or bad-conduct discharge
  • Confinement for two years or more (automatic review cases)
  • Certain other cases eligible for direct appeal under Article 66

It is not used for summary courts-martial or special courts-martial that do not meet the threshold for Court of Criminal Appeals review. Those cases use different review procedures or DD Form 2331.

Key Information Contained on DD Form 2330

The form requires the accused to acknowledge understanding of the consequences of waiving or withdrawing appellate rights. Key points explained on the form include:

  • If appellate review is not waived or withdrawn, the case will be reviewed by the appropriate Court of Criminal Appeals for legal and factual correctness and sentence appropriateness. Further review by the Court of Appeals for the Armed Forces and potentially the U.S. Supreme Court remains possible.
  • The accused has the right to military counsel at no cost or civilian counsel at personal expense at every level of appellate review.
  • If the right is waived or withdrawn, the case will not go to the Court of Criminal Appeals or higher courts. Instead, it receives limited review by a judge advocate under Article 65(d), with a possible limited application to the Judge Advocate General under Article 69.
  • A waiver may be filed at any time after entry of judgment. A withdrawal may be filed any time before appellate review is completed.
  • Once filed, a waiver or withdrawal cannot be revoked and permanently bars further appellate review (except in death-sentence cases, which cannot use the form).
  • The right to petition for a new trial under Article 73 on grounds of newly discovered evidence or fraud on the court remains available for three years after entry of judgment, regardless of waiver or withdrawal.

How to Complete and Submit DD Form 2330?

The form must be completed carefully and requires signatures from both the accused and defense counsel. Steps generally include:

  1. The accused must have the opportunity to consult with qualified counsel about appellate rights before signing.
  2. The accused reads and understands the entry of judgment and the rights explanations on the form.
  3. The accused selects either “waive my rights to appellate review” or “withdraw my case from appellate review.”
  4. Both the accused and counsel sign and date the form. Counsel must also complete the Statement of Counsel section indicating their role (trial counsel, appellate counsel, substitute counsel, or civilian counsel).
  5. A waiver is typically filed with the convening authority or the Judge Advocate General and attached to the record of trial. A withdrawal is filed with the authority exercising general court-martial jurisdiction or directly with the Judge Advocate General.

Once submitted in substantial compliance with R.C.M. 1115, the decision is final and irrevocable.

Important Considerations for Service Members

Waiving or withdrawing appellate rights is a significant decision. Service members should carefully weigh the following:

  • Appellate review provides an independent look at legal errors, factual sufficiency, and sentence appropriateness by experienced military judges.
  • Free military appellate counsel is available at every level of review if the right is not waived.
  • After waiver or withdrawal, only limited local review remains, and the ability to challenge the conviction or sentence on appeal is largely eliminated.
  • Death-sentence cases cannot use DD Form 2330; appellate review is mandatory.
  • Counsel is required to advise the accused of the consequences before the form is signed.

Service members are strongly encouraged to discuss the decision thoroughly with their defense counsel or appellate defense counsel before completing the form.

DD Form 2330 vs. DD Form 2331

DD Form 2330 is specifically for cases subject to review by a Court of Criminal Appeals. A related form, DD Form 2331, is used for general courts-martial that are subject only to examination in the Office of the Judge Advocate General under Article 69 (cases that do not automatically go to a Court of Criminal Appeals). Using the correct form is essential.

Official Download of DD Form 2330

The current official version of DD Form 2330 (JAN 2019) is available for free download from the Department of Defense Forms website:

Download DD Form 2330 (PDF)

Always download the form directly from the official source to ensure you have the most current edition. Previous editions may be used only until no longer required.

Conclusion

DD Form 2330 provides a standardized, legally required method for U.S. service members to knowingly and voluntarily waive or withdraw appellate rights in qualifying general and special courts-martial. Understanding the form, the underlying UCMJ provisions, and the permanent consequences of its use is critical. Service members facing this decision should consult qualified military or civilian defense counsel and carefully review the entry of judgment and rights advisements before signing.

For the most current guidance, refer to the Manual for Courts-Martial (2024 Edition), Article 61 of the UCMJ, and R.C.M. 1115, or contact your service’s legal assistance or appellate defense office.