Article 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 garrison, fort, post, camp, station, air national guard base or naval base or station; (3) the commanding officer of a brigade, regiment, detached battalion or corresponding unit of the army; (4) the commanding officer of a wing, group, separate squadron or corresponding unit of the air force; or (5) the commanding officer or officer in charge of any other command when empowered by the adjutant general. (b) If an officer authorized under subsection (a) to convene special courts-martial is an accuser, the court shall be convened by superior competent authority and may, in any case, be convened by such superior authority if considered desirable by that authority.
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