§5503. Who may convene summary courts-martial.

(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.