Chapter XIII · Summary Courts-Martial
R.C.M. 1302. Convening a summary court-martial
2024 Manual for Courts-Martial, United States · Last updated
Recent revisions Summary of changes Cited by (10)(a) Who may convene summary courts-martial. Unless limited by competent authority, summary courts-martial may be convened by: revised · Exec. Order 14130 (Dec. 20, 2024)
(1) Any person who may convene a general or special court-martial; revised · Exec. Order 14130 (Dec. 20, 2024)
(2) The commander of a detached company or other detachment of the Army unless such commander is the only commissioned officer with the company or detachment; revised · Exec. Order 14130 (Dec. 20, 2024)
(3) The commander of a detached squadron or other detachment of the Air Force or a corresponding unit of the Space Force unless such commander is the only commissioned officer with the detached squadron or other detachment of the Air Force or corresponding unit of the Space Force; revised · Exec. Order 14130 (Dec. 20, 2024)
(4) The commander or officer in charge of any other command when empowered by the Secretary concerned unless such commander or officer in charge is the only commissioned officer with the command; or revised · Exec. Order 14130 (Dec. 20, 2024)
(5) A superior competent authority to any of the above if the superior competent authority considers it desirable unless such superior competent authority is the only commissioned officer with the command, in which case it shall be considered desirable that the matter be elevated until it reaches a superior competent authority whose command includes more than one commissioned officer. revised · Exec. Order 14130 (Dec. 20, 2024)
(b) When convening authority is accuser. If the convening authority or the summary court-martial is the accuser, it is discretionary with the convening authority whether to forward the charges to a superior authority with a recommendation to convene the summary court-martial. If the convening authority or the summary court-martial is the accuser, the jurisdiction of the summary court-martial is not affected.
(c) Procedure. After the requirements of Chapters III and IV of this Part have been satisfied, summary courts-martial shall be convened in accordance with R.C.M. 504(d)(2). The convening order may be by notation signed by the convening authority on the charge sheet. Charges shall be referred to summary courts-martial in accordance with R.C.M. 601.
Discussion
When the convening authority is the summary court-martial because the convening authority is the only commissioned officer present with the command or detachment, see R.C.M. 1301(a), that fact should be noted on the charge sheet.
Cross-referencesCited by 10Cites 3
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 1302. Each link opens the citing provision.
Rules for Courts-Martial
…to which the charges are later referred. See Articles 22(b), 23(b), and 24a(c)(2)(A); R.C.M. 601; but see R.C.M. 1302(b) (summary court-martial convening authority is not disqualified by being the accuser). A person authorized to…
…is ineligible to refer such charges to a general or special court-martial. See R.C.M. 601(c). But see R.C.M. 1302(b) (accuser may refer charges to a summary court-martial).
Discussion under R.C.M. 403(a) — Action by commander exercising summary court-martial jurisdiction (1302(a))
See Article 24 and R.C.M. 1302(a) concerning who may exercise summary court-martial jurisdiction. The entry indicating receipt is important…
Discussion under R.C.M. 403(b)(4) — Action by commander exercising summary court-martial jurisdiction (1302(c))
See R.C.M. 1302(c) concerning referral of charges to a summary court-martial.
Discussion under R.C.M. 404(4) — Action by commander exercising special court-martial jurisdiction (1302(c))
…special courts-martial. See R.C.M. 601 concerning referral of charges to a special court-martial. See R.C.M. 1302(c) concerning referral of charges to a summary court-martial. See R.C.M. 201(f)(2)(D) and (E) and 1301(c) for…
Summary courts-martial. See R.C.M. 1302(a).
See also Article 1(9); R.C.M. 307(a), 601(c). But see R.C.M. 1302(b) (accuser may convene a summary court-martial).
See also R.C.M. 1302(c).
Discussion under R.C.M. 601(c)(2) — Referral
…authority superior in rank or command. See R.C.M. 401(c) concerning actions which the superior may take. See R.C.M. 1302 for rules relating to convening summary courts-martial.
Discussion under R.C.M. 601(e)(1)(C) — Referral
…in a command refers the charges to a summary court-martial and serves as the summary court-martial under R.C.M. 1302, the indorsement should be completed with the additional comments, “only officer present in the…
R.C.M. 1302 cites
Provisions named in the text of R.C.M. 1302. Where the cited provision is on this site, the link opens it.