5800.7 F - Department of the Navy Issuances

(4) The number of commands and tenant commands the prospective
convening authority is responsible for, both operationally and
administratively.
(5) The number of personnel, officer and enlisted, the prospective
convening authority is responsible for, both operationally and
administratively.
(6) The geographical reasons that necessitate the appointment of such
authority.
(7) Whether the request is for permanent designation as a convening
authority or only for a temporary/interim designation based upon a deployment,
contingency, or similar rationale.
(8) If the request is for temporary designation as a convening
authority, the request shall contain an acknowledgement that the requestor
will send written notification to OJAG (Code 20) or to the Commandant of the
Marine Corps (JAM), as appropriate, upon the expiration of the designation.
f. Record maintenance. Copies of all Secretarial letters of
authorization are maintained by OJAG (Code 20) or the Commandant of the Marine
Corps (JAM), as appropriate.
0122 GENERAL RESTRICTIONS ON EXERCISE OF COURT-MARTIAL JURISDICTION
a. General, special, and summary courts-martial.
(1) The exercise of authority to convene summary, special, and general
courts-martial may be restricted by a competent superior commander.
(2) A special court-martial convening authority may not refer a
capital offense to trial by special or summary court-martial or dispose of it
at non-judicial punishment without providing notice to the officer exercising
general court-martial convening authority over the command in order to give
him or her an opportunity to withhold jurisdiction in accordance with Rule for
Courts-Martial 306.
b. Units attached to ships. The CO or OIC of a unit attached to a ship
of the Navy for duty therein will, while the unit is embarked therein, refrain
from exercising any power he might possess to convene and order trial by
special or summary court-martial, referring all such matters to the CO of the
ship for disposition. The foregoing policy does not apply to Military Sealift
Command vessels operating under a master, nor is it applicable when an
organized unit is embarked for transportation only. When an organized unit is
embarked for transportation only in a ship of the Navy, the officer in command
of such organized unit shall retain the authority possessed over such unit
prior to embarkation, including disciplinary authority. Under ordinary
circumstances, the internal control and discipline of a unit embarked for
transportation only shall be left to the CO of that unit. Nothing in the
foregoing shall be construed as impairing the paramount authority of the CO of
the ship, including disciplinary authority, over all personnel of the Naval
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