26-1072

26-1072. Vacation of suspension

A. Before the vacation of the suspension of a special court-martial sentence which
includes a bad conduct discharge or a dishonorable 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
may be represented at the hearing by counsel.

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. The vacation of
the suspension of a dismissal or a dishonorable discharge is not effective until approved
by the governor.

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.