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This entry was published on 2014-09-22
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SECTION 130.23
Who may convene special courts-martial
Military (MIL) CHAPTER 36, ARTICLE 7, PART 5
§ 130.23. Who may convene special courts-martial. (a) Special
courts-martial may be convened by--

(1) any person who may convene a general court-martial;

(2) the commanding officer of a force of the organized militia, or of
a garrison, fort, camp, station, air base or other place where members
of a force of the organized militia are on duty;

(3) the commanding officer of a division, brigade, detached or
separate battalion, or corresponding unit of the army national guard,
the New York guard or of any other land force of the organized militia;

(4) the commanding officer of a wing, group, detached or separate
squadron or corresponding unit of the air national guard;

(5) the commanding officer of any naval vessel, and the commanding
officer of any area, brigade, battalion, division, marine battalion or
separate marine company of the naval militia;

(6) the commanding officer of any separate or detached command or
group of detached units of any of the forces of the organized militia
placed under a single commander; or

(7) the commanding officer or officer in charge of any other command
when empowered by the adjutant general.

(b) When any such officer is an accuser, the court shall be convened
by superior competent authority, and may in any case be convened by such
authority when deemed advisable by him.