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

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

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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.