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This entry was published on 2014-09-22
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SECTION 130.34
Advice of staff judge advocate and reference for trial
Military (MIL) CHAPTER 36, ARTICLE 7, PART 6
§ 130.34. Advice of staff judge advocate and reference for trial. (a)
Before directing the trial of any charge by general court-martial, the
convening authority shall refer it to the state judge advocate for
consideration and advice. The convening authority shall not refer a
charge to a general court-martial for trial unless he has found that the
charge alleges an offense under this code and is warranted by evidence
indicated in the report of investigation.

(b) If the charges or specifications are not formally correct or do
not conform to the substance of the evidence contained in the report of
the investigating officer, formal corrections and such changes in the
charges and specifications as are needed to make them conform to the
evidence may be made.