Chapter XIII · Summary Courts-Martial
R.C.M. 1302. Convening a summary court-martial
2024 Manual for Courts-Martial, United States · Last updated
See all changes(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.