US Lawyer Database

§ 130.34. Advice of staff judge advocate and reference for trial.  (a)
Before  directing  the trial of any charge by general court-martial, the
convening authority shall refer it  to  the  state  judge  advocate  for
consideration  and  advice.  The  convening  authority shall not refer a
charge to a general court-martial for trial unless he has found that the
charge alleges an offense under this code and is warranted  by  evidence
indicated in the report of investigation.

(b) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.