Chapter IV · Forwarding and Disposition of Charges
R.C.M. 403. Action by commander exercising summary court-martial jurisdiction
2024 Manual for Courts-Martial, United States
See all changes(a) Recording receipt. Immediately upon receipt of sworn charges, an officer exercising summary court-martial jurisdiction over the command shall cause the hour and date of receipt to be entered on the charge sheet. After recording receipt of charges over which a special trial counsel has exercised authority and has not deferred, the charge sheet shall be returned to the special trial counsel.
Discussion
See Article 24 and R.C.M. 1302(a) concerning who may exercise summary court-martial jurisdiction. The entry indicating receipt is important because it stops the running of the statute of limitations. See Article 43; R.C.M. 907(b)(2)(B). Charges may be preferred and forwarded to an officer exercising summary court-martial jurisdiction over the command to stop the running of the statute of limitations even though the accused is absent without authority.
(b) Disposition. 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 exercising summary court-martial jurisdiction may:
(1) Dismiss any charge;
Discussion
See R.C.M. 401(c) concerning dismissal of charges, the effect of dismissing charges, and options for further action.
(2) Forward any charge (or, after dismissing a charge, the matter) to a subordinate commander for disposition;
Discussion
See R.C.M. 401(c)(2)(B) concerning forwarding charges to a subordinate. When appropriate, charges may be forwarded to a subordinate even if the subordinate previously considered them.
(3) Forward any charge to a superior commander for disposition;
Discussion
See R.C.M. 401(c)(2)(A) for guidance concerning forwarding charges to a superior.
(4) Subject to R.C.M. 601(d) and 1301(c), refer any charge to a summary court-martial for trial; or
Discussion
See R.C.M. 1302(c) concerning referral of charges to a summary court-martial.
(5) Unless otherwise prescribed by the Secretary concerned, direct a preliminary hearing under R.C.M. 405, and, if appropriate, forward the report of preliminary hearing with the charges to a superior commander for disposition.
Discussion
A preliminary hearing should be directed when it appears that the charges are of such a serious nature that trial by general court-martial may be warranted. See R.C.M. 405. If a preliminary hearing of the subject matter already has been conducted,. see R.C.M. 405