Who may convene a summary court-martial.

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

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

(2) the commanding officer of a detached company or other detachment or the commanding officer of a corresponding unit of the United States Army;

(3) the commanding officer of a detached squadron or other detachment or the commanding officer of a corresponding unit of the United States Air Force; or

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

(b) If only one commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. If the officer who is authorized to convene a summary court-martial is the accuser in the matter, the court hearing the matter shall be convened by a superior competent authority, if practicable.

(c) A superior authority may convene a summary court-martial if the superior authority considers it desirable.


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