Summary of changes
R.C.M. 504 — Convening courts-martial
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole R.C.M. in one view.
0 amended
0 added
0 removed
32 unchanged
No changes recorded for this R.C.M. —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
504(a)
unchanged
Original text
In general.
A court-martial is created by a convening order of the convening authority.
Current text
In general.
A court-martial is created by a convening order of the convening authority.
504(b)
unchanged
Original text
Who may convene courts-martial.
Current text
Who may convene courts-martial.
504(b)(1)
unchanged
Original text
General courts-martial.
Unless otherwise limited by superior competent authority, general courts-martial may be convened by persons occupying positions designated in Article 22(a) and by any commander designated by the Secretary concerned or empowered by the President. A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special or general court-martial to which charges and specifications were referred by a special trial counsel.
Current text
General courts-martial.
Unless otherwise limited by superior competent authority, general courts-martial may be convened by persons occupying positions designated in Article 22(a) and by any commander designated by the Secretary concerned or empowered by the President. A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special or general court-martial to which charges and specifications were referred by a special trial counsel.
504(b)(1)|D
unchanged
Original text
The authority to convene courts-martial is independent of rank and is retained as long as the convening authority remains a commander in one of the designated positions. The rules by which command devolves are found in regulations of the Secretary concerned.
Current text
The authority to convene courts-martial is independent of rank and is retained as long as the convening authority remains a commander in one of the designated positions. The rules by which command devolves are found in regulations of the Secretary concerned.
504(b)(2)
unchanged
Original text
Special courts-martial.
Unless otherwise limited by superior competent authority, special courts-martial may be convened by persons occupying positions designated in Article 23(a) and by commanders designated by the Secretary concerned.
Current text
Special courts-martial.
Unless otherwise limited by superior competent authority, special courts-martial may be convened by persons occupying positions designated in Article 23(a) and by commanders designated by the Secretary concerned.
504(b)(2)|D
unchanged
Original text
See the discussion accompanying R.C.M. 504(b)(1). Persons authorized to convene general courts-martial may also convene special courts-martial.
Current text
See the discussion accompanying R.C.M. 504(b)(1). Persons authorized to convene general courts-martial may also convene special courts-martial.
504(b)(2)(A)
unchanged
Original text
Definition.
For purposes of Articles 23 and 24, a command or unit is “separate or detached” when isolated or removed from the immediate disciplinary control of a superior in such manner as to make its commander the person held by superior commanders primarily responsible for discipline. “Separate or detached” is used in a disciplinary sense and not necessarily in a tactical or physical sense. A subordinate joint command or joint task force is ordinarily considered to be “separate or detached.”
Current text
Definition.
For purposes of Articles 23 and 24, a command or unit is “separate or detached” when isolated or removed from the immediate disciplinary control of a superior in such manner as to make its commander the person held by superior commanders primarily responsible for discipline. “Separate or detached” is used in a disciplinary sense and not necessarily in a tactical or physical sense. A subordinate joint command or joint task force is ordinarily considered to be “separate or detached.”
504(b)(2)(A)|D
unchanged
Original text
The power of a commander of a separate or detached unit to convene courts-martial, like that of any other commander, may be limited by superior competent authority.
Current text
The power of a commander of a separate or detached unit to convene courts-martial, like that of any other commander, may be limited by superior competent authority.
504(b)(2)(B)
unchanged
Original text
Determination.
If a commander is in doubt whether the command is separate or detached, the matter shall be determined:
Current text
Determination.
If a commander is in doubt whether the command is separate or detached, the matter shall be determined:
504(b)(2)(B)(i)
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Original text
In the Army, Air Force, or Space Force, by the officer exercising general court-martial jurisdiction over the command; or
Current text
In the Army, Air Force, or Space Force, by the officer exercising general court-martial jurisdiction over the command; or
504(b)(2)(B)(ii)
unchanged
Original text
In the Naval Service or Coast Guard, by the flag or general officer in command or the senior officer present who designated the detachment; or
Current text
In the Naval Service or Coast Guard, by the flag or general officer in command or the senior officer present who designated the detachment; or
504(b)(2)(B)(iii)
unchanged
Original text
In a combatant command or joint command, by the officer exercising general court-martial jurisdiction over the command.
Current text
In a combatant command or joint command, by the officer exercising general court-martial jurisdiction over the command.
504(b)(3)
unchanged
Original text
Summary courts-martial.
See R.C.M. 1302(a).
Current text
Summary courts-martial.
See R.C.M. 1302(a).
504(b)(3)|D
unchanged
Original text
See the discussion accompanying R.C.M. 504(b)(1).
Current text
See the discussion accompanying R.C.M. 504(b)(1).
504(b)(4)
unchanged
Original text
Delegation prohibited.
The power to convene courts-martial may not be delegated.
Current text
Delegation prohibited.
The power to convene courts-martial may not be delegated.
504(c)
unchanged
Original text
Disqualification.
Current text
Disqualification.
504(c)(1)
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Original text
Accuser.
An accuser may not convene a general or special court-martial for the trial of the person accused.
Current text
Accuser.
An accuser may not convene a general or special court-martial for the trial of the person accused.
504(c)(1)|D
unchanged
Original text
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).
Current text
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).
504(c)(2)
unchanged
Original text
Other.
A convening authority junior in rank to an accuser may not convene a general or special court-martial for the trial of the accused unless that convening authority is superior in command to the accuser. A convening authority junior in command to an accuser may not convene a general or special court-martial for the trial of the accused.
Current text
Other.
A convening authority junior in rank to an accuser may not convene a general or special court-martial for the trial of the accused unless that convening authority is superior in command to the accuser. A convening authority junior in command to an accuser may not convene a general or special court-martial for the trial of the accused.
504(c)(3)
unchanged
Original text
Action when disqualified.
When a commander who would otherwise convene a general or special court-martial is disqualified in a case, the charges shall be forwarded to a superior competent authority for disposition. That authority may personally dispose of the charges or forward the charges to another convening authority who is superior in rank to the accuser, or, if in the same chain of command, who is superior in command to the accuser.
Current text
Action when disqualified.
When a commander who would otherwise convene a general or special court-martial is disqualified in a case, the charges shall be forwarded to a superior competent authority for disposition. That authority may personally dispose of the charges or forward the charges to another convening authority who is superior in rank to the accuser, or, if in the same chain of command, who is superior in command to the accuser.
504(c)(3)|D
unchanged
Original text
See also R.C.M. 401(c).
Current text
See also R.C.M. 401(c).
504(d)
unchanged
Original text
Convening orders.
Current text
Convening orders.
504(d)(1)
unchanged
Original text
General and special courts-martial.
Current text
General and special courts-martial.
504(d)(1)(A)
unchanged
Original text
A convening order for a general or special court-martial shall—
Current text
A convening order for a general or special court-martial shall—
504(d)(1)(A)(i)
unchanged
Original text
designate the type of court-martial; and
Current text
designate the type of court-martial; and
504(d)(1)(A)(ii)
unchanged
Original text
detail the members, if any, in accordance with R.C.M. 503(a);
Current text
detail the members, if any, in accordance with R.C.M. 503(a);
504(d)(1)(B)
unchanged
Original text
A convening order may designate where the court-martial will meet.
Current text
A convening order may designate where the court-martial will meet.
504(d)(1)(C)
unchanged
Original text
If the convening authority has been designated by the Secretary concerned, the convening order shall so state.
Current text
If the convening authority has been designated by the Secretary concerned, the convening order shall so state.
504(d)(2)
unchanged
Original text
Summary courts-martial.
A convening order for a summary court-martial shall designate that it is a summary court-martial and detail the summary court-martial, and may designate where the court-martial will meet. If the convening authority has been designated by the Secretary concerned, the convening order shall so state.
Current text
Summary courts-martial.
A convening order for a summary court-martial shall designate that it is a summary court-martial and detail the summary court-martial, and may designate where the court-martial will meet. If the convening authority has been designated by the Secretary concerned, the convening order shall so state.
504(d)(2)|D
unchanged
Original text
See also R.C.M. 1302(c).
Current text
See also R.C.M. 1302(c).
504(d)(3)
unchanged
Original text
Additional matters.
Additional matters to be included in convening orders may be prescribed by the Secretary concerned.
Current text
Additional matters.
Additional matters to be included in convening orders may be prescribed by the Secretary concerned.
504(e)
unchanged
Original text
Place.
The convening authority shall ensure that an appropriate location and facilities for courts-martial are provided.
Current text
Place.
The convening authority shall ensure that an appropriate location and facilities for courts-martial are provided.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.