(a) When a conviction is final. (1) General and special courts-martial. A conviction in a general or special court-martial is final when— (A) Review is completed under R.C.M. 1201(a) (Article 65); (B) Review is completed by a Court of Criminal Appeals and— (i) The accused does not file a timely petition for review by the Court of Appeals for the Armed Forces and the case is not otherwise under review by that court; (ii) A petition for review is denied or otherwise rejected by the Court of Appeals for the Armed Forces; or (iii) Review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces and— (I) A petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; (II) A petition for writ of certiorari is denied or otherwise rejected by the Supreme Court; or (III) Review is otherwise completed in accordance with the judgment of the Supreme Court. (2) Summary courts-martial. A conviction in a summary court-martial is final when a judge advocate completes review under R.C.M. 1307(d) and no further action is required under R.C.M. 1307(e). (b) Effect of finality. The appellate review of records of trial provided by the UCMJ, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by the UCMJ, and all dismissals and discharges carried into execution under following approval, sentences by courts-martial II-128 review, or affirmation as required by the UCMJ, are final and conclusive. The judgment of a court-martial and orders publishing the proceedings of courts- martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States, subject only to action upon a petition for a new trial under Article 73, to action under Article 69, to action by the Secretary concerned as provided in Article 74, and the authority of the President.
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