10 U.S.C. § 823 — Art. 23. Who may convene special courts-martial

any person who may convene a general court-martial;

the commanding officer^* of a district, garrison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army^*, the Air Force, or the Space Force are on duty;

the commanding officer^* of a brigade, regiment, detached battalion, or corresponding unit of the Army;

the commanding officer of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force;

the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty;

the commanding officer of any separate or detached command or group of detached units of any of the armed forces^* placed under a single commander for this purpose; or

the commanding officer or officer in charge^* of any other command when empowered by the Secretary concerned^*.

If any such officer is an accuser^*, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.

A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel^* in accordance with this chapter.