Section 130.70. Vacation of suspension  


Latest version.
  • (a)  Before the vacation of the
      suspension  of  a  special  court-martial  sentence  which  as  approved
      includes  a  bad-conduct  discharge  or any court-martial sentence which
      includes confinement 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 recommendations 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  subdivision (b) of section 130.68 of this article. The
      vacation of the  suspension  of  a  dismissal  is  not  effective  until
      approved by the adjutant general.
        (c)  The  suspension  of  any  other  sentence  may  be vacated by the
      authority competent to convene, for the command in which the accused  is
      serving or assigned, a court of the kind that imposed the sentence.