(a) General rule.— Summary courts-martial may be convened by any of the following:
- (1) Any person who may convene a general or special court-martial.
- (2) The commanding officer of a company, a detached company or other detachment or corresponding unit of the Army.
- (3) The commanding officer of a squadron, a detached squadron or other detachment or corresponding unit of the Air Force.
- (4) The commanding officer or officer in charge of any other command when authorized by the Adjutant General.
- (b) Commissioned officer or superior authority.— When only one commissioned officer is present with a command or detachment, that officer shall preside over the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him, provided that the officer is not the accuser or a witness. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by such authority.