Lesson 12 of 16 Phase 3: The consultation
Following Up on a Military Legal Matter: Which Deadlines Are Running?
In this lesson: 5 sections
Military legal matters come with deadlines, some measured in days, and some count calendar days while others count duty days. In the Army, an Article 15 appeal is due within 5 calendar days of the punishment, a separation notice gives 7 duty days after you see a lawyer, and a referred reprimand gives active-duty soldiers 7 calendar days. VA’s Higher-Level Review and Board Appeal run one year; the review boards, 15 years or 3.
Sources checked: September 26, 2026
The deadlines, side by side
| Matter | Deadline | Clock starts | Scope of the source |
|---|---|---|---|
| Appeal of Article 15 (NJP) punishment | 5 calendar days, "not duty days" | Date punishment is imposed | Army |
| Response to administrative separation notice | 7 duty days | Date you see an attorney | Army |
| Statement on a referred reprimand (GOMOR) | 7 calendar days; 30 for Guard and Reserve not on active duty | Referral to you | Army |
| VA Higher-Level Review | Within 1 year | Date on the decision letter | VA, all veterans |
| VA Board Appeal | Within 1 year | Date on the decision letter | VA, all veterans |
| Discharge Review Board | Within 15 years | Date of discharge | All services (statute) |
| Board for Correction of Military Records | Within 3 years, excusable "in the interest of justice" | Discovery of the error or injustice | All services (statute) |
Sources for the table: <a href="https://home.army.mil/rucker/1715/4533/6193/Article15AppealFactSheet.pdf”>Fort Rucker Article 15 appeal fact sheet, <a href="https://home.army.mil/rucker/5015/4533/6192/AdministrativeSeparationsFactSheet.pdf”>Fort Rucker separation fact sheet, <a href="https://armypubs.army.mil/epubs/DRpubs/DRa/ARN30763-AR600-37-000-WEB-1.pdf”>AR 600-37 (October 2, 2020), VA Higher-Level Review, VA Board Appeal, 10 U.S.C. 1553, 10 U.S.C. 1552.
The first three rows come from Army sources. The Navy, Marine Corps, Air Force, Coast Guard, and Space Force set their own NJP, separation, and reprimand timelines; the numbers above are a warning about how short these windows can be, not a rule for other branches. Your defense office will give you the deadline that applies to you, and the date to ask for at the first meeting is the one on the paper you were handed.
Calendar days and duty days are not the same
The Army’s Article 15 appeal fact sheet is blunt about it: “Appeals must be made within 5 calendar days (not duty days) from the date punishment is imposed.” A punishment imposed on a Thursday leaves you the weekend inside the window. The separation notice counts differently: “Failure to respond (that means not signing the form) within seven duty days from the date you see an attorney means you give up all of your rights.”
Two consequences follow. When you are handed anything with a deadline, write down which kind of day it counts. And note when the clock starts: the separation window runs from the date you see a lawyer, not from the date printed on the notice.
While an NJP appeal is pending
An appeal does not automatically pause the punishment. In the Army, “Punishment is not stayed during the appeal unless action is not taken on the appeal within 5 days after the appeal was submitted.” There is one thing you can ask for: “Upon request by the Soldier, any unexecuted punishment involving restriction or extra duty shall be stayed until action on the appeal is taken.” If restriction or extra duty is part of your punishment and you are appealing, make that request in writing.
The appeal goes up the chain. “If the imposing commander is a Company Commander, the appellate authority is the Battalion Commander; if the imposing commander is a Battalion Commander, the appellate authority is the Brigade Commander, etc.” What you give up by accepting NJP in the first place, and the right to refuse it, is covered in the NJP section of the consultation guide.
Keeping your own record
A one-page tracking sheet does more than any reminder app, because it holds the facts your lawyer will ask for:
- What you received, with the date and who handed it to you.
- The deadline, the kind of days it counts, and the date it falls on.
- Every contact about the matter: date, person, what was said, and whether you have it in writing.
- What is pending, and the date you expect an answer.
When you send something, keep a copy and note the date. When you are told something that changes a deadline, ask for it in an email. This is the same record that preparing for your first appointment starts.
When a deadline has passed
Some doors stay partly open. The correction board “may excuse a failure to file within three years after discovery if it finds it to be in the interest of justice” (10 U.S.C. 1552). Past the review board’s 15 years, the Army directs applicants to its correction board (Army Review Boards Agency). Discharge review and records correction are explained in the discharge and records page.
The short military windows are different. A missed Article 15 appeal or separation response is not something to try to fix on your own; tell a defense lawyer what happened and when, as soon as you realize it.
If you have a paper with a date on it, the next step is to find out which kind of days it counts and put the last day on your calendar today. This page lists deadlines from the sources shown; the ones that bind you are the ones in your own paperwork and your branch’s rules.
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