10 U.S.C. § 872 : US Code - Section 872: Art. 72. Vacation of suspension

Search 10 U.S.C. § 872 : US Code - Section 872: Art. 72. Vacation of suspension

(a) Before the vacation of the suspension of a special court-
martial sentence which as approved includes a bad-conduct
discharge, or of any general court-martial sentence, the officer
having special court-martial jurisdiction over the probationer
shall hold a hearing on the alleged violation of probation. The
probationer shall be represented at the hearing by counsel if he so
desires.
(b) The record of the hearing and the recommendation of the
officer having special court-martial jurisdiction shall be sent for
action to the officer exercising general court-martial jurisdiction
over the probationer. If he vacates the suspension, any unexecuted
part of the sentence, except a dismissal, shall be executed,
subject to applicable restrictions in section 871 (c) of this title
(article 71(c)). The vacation of the suspension of a dismissal is
not effective until approved by the Secretary concerned.
(c) The suspension of any other sentence may be vacated by any
authority competent to convene, for the command in which the
accused is serving or assigned, a court of the kind that imposed
the sentence.
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