The process for correcting errors in the official record of trial after a court-martial is governed by the Rules for Courts-Martial. After the trial, a verbatim transcript is created and authenticated by the military judge. This authenticated record is then served on both the trial counsel and the defense counsel for their review. This is the first opportunity to identify and correct any errors.
If either counsel discovers an error in the transcript, such as a mis-transcribed piece of testimony or a missing document, they will submit a formal “errata sheet” or a motion for correction to the military judge. If the error is minor and undisputed, the judge can simply order the correction. If it is a more significant, substantive error, the judge may hold a “post-trial session” under Article 39(a), UCMJ, to hear arguments from both sides and to make a formal ruling on how to correct the record.
If an error is discovered after the judge has authenticated the record and the convening authority has taken their action, the process moves to the appellate courts. The appellate defense counsel can file a motion with the Court of Criminal Appeals to have the record corrected or to have the court take the error into account during its review of the case. This multi-layered process ensures that there are opportunities to correct any errors in the record to guarantee a fair and accurate post-trial and appellate review.