§ 823. Art. 23. Who may convene special courts-martial

• (a) Special courts-martial may be convened by—
  • (1) any person who may convene a general court-martial;
  • (2) the commanding officer of a district, garrison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army, the Air Force, or the Space Force are on duty;
  • (3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;
  • (4) the commanding officer of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force;
  • (5) the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty;
  • (6) the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or
  • (7) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
• (b)
  • (1) If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.
  • (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.