The record of trial and related documents in each case reviewed pursuant to § 33-10-206 shall be sent for action to the adjutant general. The adjutant general may: (1) If subject matter jurisdiction is found to be lacking, void the court-martial ab initio , with or without prejudice to the government, as the adjutant general deems appropriate; or (2) Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.
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