Chapter IV · Forwarding and Disposition of Charges

R.C.M. 402. Action by commander not authorized to convene courts-martial

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (4)
Except for covered offenses and other charges over which a special trial counsel has exercised authority and has not deferred, when in receipt of charges, a commander authorized to administer nonjudicial punishment but not authorized to convene courts-martial may:
(1) Dismiss any charge; or
Discussion
See R.C.M. 401(c)(1) concerning dismissal of charges, the effect of dismissal, and options for further action.
(2) Forward any charge to a superior commander for disposition.
Discussion
See R.C.M. 401(c)(2) for additional guidance concerning forwarding charges. See generally R.C.M. 303 (preliminary inquiry); 308 (notification to accused of charges) concerning other duties of the immediate commander when in receipt of charges. When the immediate commander is authorized to convene courts-martial, see R.C.M. 403, 404, or 407, as appropriate.
Cross-referencesCited by 4Cites 6
Cited by

Provisions elsewhere in the Manual whose text cites R.C.M. 402. Each link opens the citing provision.

Rules for Courts-Martial
Discussion under R.C.M. 306(c)(4) — Initial disposition of offenses over which special trial counsel does not exercise authority
…a preliminary hearing under R.C.M. 405 may be directed. Additional guidance on these matters is found in R.C.M. 401-407. Pursuant to Article 24a and R.C.M. 306A, a convening authority may not dispose of a covered offense at a…
Discussion under R.C.M. 307(a) — Preferral of charges
…authority is not disqualified by being the accuser). A person authorized to dispose of offenses ( see R.C.M. 306-306A, 401-404, and 407) should not be ordered to prefer charges when this would disqualify that person from exercising that…
Discussion under R.C.M. 905(b)(1) — Motions generally
…include unsworn charges, inadequate Article 32 preliminary hearing, and inadequate pretrial advice. See R.C.M. 307, 401–407, 601–604, 906(b)(3).
…authority, or special trial counsel as applicable, who may refer them anew or otherwise dispose of them. See R.C.M. 401- 407.
R.C.M. 402 cites

Provisions named in the text of R.C.M. 402. Where the cited provision is on this site, the link opens it.