"Great question. First, make sure that GCMCA approval wasn't received (it may have been and you just aren't aware). Next, you may be able to either appeal the original NJP on these grounds (refer to JAGMAN 0116) or ask to "set aside" the NJP (see JAGMAN 0118 and Part V of the Manual for Courts Martial). Both of these options will require that you show "good cause" for asking for this relief so long after the original NJP, but an experienced military attorney can analyze your case to see if such "cause" exists. I encourage you to reach out to one of us for more in-depth legal help. Good luck!"