AF Form 304: Request for Appellate Defense Counsel (2026) – If you are an Air Force or Space Force member facing a court-martial conviction, understanding your appellate rights is critical. AF Form 304, officially titled Request for Appellate Defense Counsel, is the key document that allows you to request (or decline) free military appellate defense counsel for your appeal to the Air Force Court of Criminal Appeals (AFCCA).
This form ensures your wishes regarding legal representation are clearly documented as your case moves into the post-trial appellate process. Below is everything you need to know about AF Form 304, including its purpose, when and how to complete it, and important procedural details.
What Is AF Form 304?
AF Form 304 is a U.S. Air Force form used by Airmen and Guardians to formally request representation by appellate defense counsel from the Air Force Appellate Defense Division (AFLOA/JAJD).
The form allows you to:
- Request detailed appellate defense counsel (qualified military judge advocates specializing in court-martial appeals).
- Decline representation and proceed without assigned military counsel (potentially pro se or with civilian counsel).
- Document your decision clearly for the record.
Download the official current AF Form 304 here: https://static.e-publishing.af.mil/production/1/af_ja/form/af304/af304.pdf
The form is managed under the authority of the Air Force Judge Advocate General (TJAG) and supports procedures outlined in the Rules of Practice and Procedure for the Air Force Court of Criminal Appeals and Department of the Air Force Instruction (DAFI) 51-201, Administration of Military Justice.
Why Is AF Form 304 Important?
Under Article 70, UCMJ, appellate defense counsel must represent the accused in certain situations:
- When requested by the accused.
- When the United States is represented by counsel.
- When directed by the Judge Advocate General.
The AFCCA reviews records of trial for cases involving punitive discharges (bad-conduct or dishonorable), confinement of certain lengths, or other qualifying sentences. Upon docketing, court staff review the record to determine if you requested counsel. If unclear, the case may be returned to obtain a completed AF Form 304.
A prior request for appellate defense counsel generally remains effective for subsequent proceedings (such as remands), unless you affirmatively withdraw it in writing.
Important note on timing: Waivers or elections made before the convening authority takes action on the case are often considered premature and without effect. A post-action AF Form 304 carries more weight because you are in a better position to make an informed decision.
Who Should Complete AF Form 304?
- Air Force and Space Force members convicted at a general or special court-martial who may be entitled to or desire appellate review.
- Individuals who want military appellate counsel assigned at no cost.
- Those who prefer to proceed without military appellate defense counsel (for example, if retaining civilian counsel or waiving representation).
Trial defense counsel typically assist with completing this form as part of immediate post-trial processing, but it can also be completed later if needed.
How to Complete AF Form 304?
The form is straightforward and collects:
- Your personal identifying information (name, rank, SSN or DoD ID, unit, contact details).
- Details of your court-martial (case number, date of trial, sentence).
- Your clear election: Request or Do Not Request appellate defense counsel.
- Signature and date.
Steps:
- Download the fillable PDF from the official e-Publishing link above.
- Complete all required fields accurately.
- Sign and date the form (electronic or wet signature as accepted by your legal office).
- Return it through your trial defense counsel, legal office, or directly to the appropriate appellate records channel (often via the Appellate Records Branch of AFLOA/JAJM).
If you later change your mind, you may need to submit a new form or written withdrawal/ request.
What Happens After You Submit AF Form 304?
- If you request counsel: Appellate defense counsel from the Air Force Appellate Defense Division will typically be detailed to represent you before the AFCCA. These attorneys specialize in identifying legal errors, insufficiency of evidence, sentence appropriateness, and other appellate issues.
- If you decline counsel: The court may proceed with review without assigned military defense counsel. You may still submit matters yourself or hire civilian counsel. In “no counsel” cases, the court mails a notice of docketing to your last known address.
- Civilian counsel option: You may retain a civilian attorney at your own expense. Civilian counsel is generally treated as primary if both military and civilian counsel are involved.
Your request (or waiver) helps the AFCCA and Appellate Defense Division manage the case efficiently and respects your right to counsel while ensuring the appellate process moves forward.
Common Scenarios and Tips
- Automatic review cases: Many cases receive mandatory AFCCA review based on the sentence (e.g., punitive discharge or significant confinement). Your AF Form 304 still determines whether detailed counsel will represent you.
- Remanded cases: A previous request usually carries over unless withdrawn.
- Pro se representation: Possible if you knowingly and intelligently waive counsel, but courts may still appoint standby counsel in some situations.
- Contact information: For questions about appellate defense services, reach the Air Force Appellate Defense Division at Joint Base Andrews, MD (toll-free 1-800-414-8847 or commercial (240) 612-4770).
Recommendation: Consult with your trial defense counsel or a qualified military justice attorney before making your election. Decisions about appellate representation can significantly affect the scope and effectiveness of your appeal.
Additional Resources
- Official AF Form 304 PDF: Download here
- Air Force Court of Criminal Appeals (AFCCA): afcca.law.af.mil
- DAFI 51-201 – Administration of Military Justice (current as of 2026)
- Air Force Judge Advocate General Corps resources on appellate defense
Understanding and properly using AF Form 304 protects your appellate rights and ensures your voice is heard in the military justice system. If you have questions specific to your case, contact your servicing legal office or qualified counsel promptly, as strict timelines often apply in post-trial processing and appeals.
This article is for informational purposes only and is not a substitute for legal advice. Laws, instructions, and forms can be updated; always verify the latest official versions on e-Publishing.af.mil and consult a judge advocate or qualified military justice attorney.