§ 23 — Who may convene special courts-martial

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.