Col. Patrick Parrish’s ruling on the request by Timothy Hennis was made on Jan. 27.
Hennis was convicted of killing Kathryn Eastburn and her 5- and 3-year-old daughters last year after two previous trials. He has maintained his innocence.
He’s currently on the military’s death row at Ft. Leavenworth, Kansas.
Lawyers for the 52-year-old Hennis argued that problems with a North Carolina state crime lab should have meant a new trial for Hennis.
The trial record now goes to Fort Bragg’s commanding general for review.
Maj. Gen. Rodney O. Anderson, the Acting Senior Commander of Fort Bragg, can approve the findings and sentence of the military panel, or he may grant relief to the defendant if he deems it appropriate.