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U.S. Code as of:
01/19/04
Section 834. Art. 34. Advice of staff judge advocate and reference for trial
(a) Before directing the trial of any charge by general
court-martial, the convening authority shall refer it to his staff
judge advocate for consideration and advice. The convening
authority may not refer a specification under a charge to a general
court-martial for trial unless he has been advised in writing by
the staff judge advocate that -
(1) the specification alleges an offense under this chapter;
(2) the specification is warranted by the evidence indicated in
the report of investigation under section 832 of this title
(article 32) (if there is such a report); and
(3) a court-martial would have jurisdiction over the accused
and the offense.
(b) The advice of the staff judge advocate under subsection (a)
with respect to a specification under a charge shall include a
written and signed statement by the staff judge advocate -
(1) expressing his conclusions with respect to each matter set
forth in subsection (a); and
(2) recommending action that the convening authority take
regarding the specification.
If the specification is referred for trial, the recommendation of
the staff judge advocate shall accompany the specification.
(c) If the charges or specifications are not formally correct or
do not conform to the substance of the evidence contained in the
report of the investigating officer, formal corrections, and such
changes in the charges and specifications as are needed to make
them conform to the evidence, may be made.
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