AF Form 138: Post Trial Clemency Evaluation Guide 2026 – If you or a loved one has been convicted at a court-martial in the U.S. Air Force, understanding post-trial options is critical. One key document in the clemency process is AF Form 138, officially titled Post Trial Clemency Evaluation. This form helps gather professional evaluations and recommendations on clemency, rehabilitation potential, and restoration to duty.
Service members, defense counsel, and commanders use AF Form 138 to support requests for leniency from the convening authority after a court-martial. Below is a detailed, up-to-date overview based on official Air Force sources.
What Is AF Form 138?
AF Form 138 (AF IMT 138) is a two-page form used to request and document an evaluation of a convicted Air Force member’s suitability for clemency. It focuses on:
- Duty performance and conduct
- Rehabilitation potential
- Future value to the Air Force
- Recommendations for specific clemency actions (such as reducing confinement, suspending a discharge, or other relief)
The form is prepared at the request of the Staff Judge Advocate (SJA) or as part of the post-trial process. It is submitted pursuant to guidance in DAFI 51-201, Administration of Military Justice (specifically referencing paragraph 9.5 in the version tied to the form).
Official Download Link:
AF Form 138 PDF – Always use the latest version from the Air Force e-Publishing site.
Previous editions (such as AF IMT 138, 19990901, V1) are obsolete.
Purpose of the Post Trial Clemency Evaluation
After a court-martial results in a conviction and sentence, the convening authority reviews the case before taking final action. The accused (now often called the convicted service member) has the right to submit matters in clemency, which may include character statements, evidence of rehabilitation, and evaluations like those on AF Form 138.
The form provides structured input from supervisors, commanders, or other knowledgeable personnel on:
- The member’s performance, attitude, and relationships
- Whether clemency is warranted and why
- Potential for successful return to duty
This helps the convening authority make an informed decision on approving, disapproving, or modifying parts of the sentence (e.g., reducing confinement length, changing the type of discharge, or suspending punishment).
Note: Clemency decisions occur before appellate review. Separate processes exist for appeals, clemency and parole boards (after confinement begins), and applications to the Air Force Board for Correction of Military Records (AFBCMR) or Discharge Review Board (DRB).
Who Prepares and Uses AF Form 138?
- Primary Recipients: Supervisors, commanders, first sergeants, or others with direct knowledge of the member.
- Requestor: Typically the Staff Judge Advocate’s office sends the form with a suspense date.
- Submission: Four copies are usually required.
- Advisory Role: The SJA advises on clemency alternatives if needed.
The evaluator must make necessary inquiries and interview the individual (to the degree necessary) for a full, honest assessment. If more space is needed, attach a continuation sheet clearly labeled with the accused’s name and date.
Key Sections of AF Form 138
The form includes these main blocks:
- General Comments
Evaluate duty performance, on- and off-duty conduct, attitude toward the Air Force, job relationships, etc. Indicate the degree and length of your acquaintance with the member. - Type and Amount of Clemency Recommended
Examples: suspension of discharge, reduction in length of confinement, change in form of punishment, or “no clemency recommended.” - Reasons for Recommendation to Extend or Withhold Clemency
Provide specific, factual reasons supporting your position. - Evaluation of Accused’s Restoration Potential and Future Value to the Air Force
Assess the likelihood of successful rehabilitation and continued service. - Recommendation for Return to Duty Program
Yes/No – Whether the member should be considered for the Air Force Return to Duty Program.
Additional fields include the Name of Accused, To/From routing, signatures, typed names, grades, titles, and dates.
How the AF Form 138 Fits into the Post-Trial Process?
In Air Force courts-martial (governed by the Uniform Code of Military Justice and DAFI 51-201):
- After findings and sentencing, the record of trial is prepared.
- The accused submits clemency matters (which may include AF Form 138 evaluations).
- The Staff Judge Advocate provides a recommendation to the convening authority.
- The convening authority then takes action on the sentence.
AF Form 138 supports these submissions by offering objective input from unit leadership. It is distinct from victim impact statements or other post-trial documents.
Related Forms and Processes:
- Entry of Judgment (EoJ) and Court-Martial Order
- SJA Recommendation (SJAR)
- Requests under Article 74, UCMJ (for later clemency or parole)
- Air Force Clemency and Parole Board (for confined members)
Tips for Completing AF Form 138 Effectively
- Be Specific and Factual: Base comments on observed behavior, not speculation.
- Balance Honesty with Fairness: The form contributes to a fair process for both the member and the Air Force.
- Meet Suspense Dates: Late submissions may not be considered.
- Consult Legal Counsel: Defense counsel can advise on strategy, including what supporting documents to include.
- Privacy and Distribution: Handle sensitively per privacy rules and military justice regulations.
For service members facing court-martial or post-trial matters, consult your Area Defense Counsel (ADC) immediately. They provide free, confidential representation.
Additional Resources for Air Force Members
- Official Form: AF Form 138 PDF
- DAFI 51-201 – Administration of Military Justice (available on e-Publishing)
- Military Justice resources on afjag.af.mil or your installation legal office
- Air Force Return to Duty Program information (when applicable)
Important Disclaimer: This article provides general information based on publicly available official sources as of 2026. Military justice rules can change, and every case is unique. This is not legal advice. Always consult qualified military defense counsel or a judge advocate for guidance specific to your situation.
If you need help understanding court-martial outcomes, clemency options, or locating the latest forms, reach out to your local legal office or ADC. Timely action in the post-trial phase can significantly impact the final outcome.
Keywords: AF Form 138, Post Trial Clemency Evaluation, Air Force court-martial clemency, DAFI 51-201, military justice clemency, Air Force return to duty program, convening authority action.