Who may convene a special court-martial.

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(a) A special court-martial may be convened by

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

(2) the commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station;

(3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the United States Army;

(4) the commanding officer of a wing, group, separate squadron, or corresponding unit of the United States Air Force; or

(5) a commanding officer or officer in charge of any other command when empowered to do so by the adjutant general.

(b) If an officer who is authorized to convene a special court-martial is the accuser in the matter, the court hearing the matter shall be convened by superior competent authority.

(c) A superior authority may convene a case if the superior authority considers it desirable.


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