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This entry was published on 2014-09-22
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SECTION 130.70
Vacation of suspension
Military (MIL) CHAPTER 36, ARTICLE 7, PART 9
§ 130.70. Vacation of suspension. (a) Before the vacation of the
suspension of a special court-martial sentence which as approved
includes a bad-conduct discharge or any court-martial sentence which
includes confinement or of any general court-martial sentence, the
officer having special court-martial jurisdiction over the probationer
shall hold a hearing on the alleged violation of probation. The
probationer shall be represented at the hearing by counsel if he so
desires.

(b) The record of the hearing and the recommendations of the officer
having special court-martial jurisdiction shall be sent for action to
the officer exercising general court-martial jurisdiction over the
probationer. If he vacates the suspension, any unexecuted part of the
sentence, except a dismissal, shall be executed, subject to applicable
restrictions in subdivision (b) of section 130.68 of this article. The
vacation of the suspension of a dismissal is not effective until
approved by the adjutant general.

(c) The suspension of any other sentence may be vacated by the
authority competent to convene, for the command in which the accused is
serving or assigned, a court of the kind that imposed the sentence.