Article 23. Who may convene special courts-martial.

(a) Special courts-martial may be convened by:

(1) any person who may convene a general court-martial;

(2) the commanding officer of a garrison, fort, post, camp, station, air national guard base or naval base or station;

(3) the commanding officer of a brigade, regiment, detached battalion or corresponding unit of the army;

(4) the commanding officer of a wing, group, separate squadron or corresponding unit of the air force; or

(5) the commanding officer or officer in charge of any other command when empowered by the adjutant general.

(b) If an officer authorized under subsection (a) to convene special courts-martial is an accuser, the court shall be convened by superior competent authority and may, in any case, be convened by such superior authority if considered desirable by that authority.