Pursuant to the provisions of § 2452 of this title, special courts-martial shall have jurisdiction to try persons subject to the provisions of this Code, except commissioned officers, for any offense punishable hereunder.
A special court-martial has the same punishing powers as a general court-martial, except that a fine imposed by a special court-martial may not exceed one thousand dollars ($1,000) for a single offense and neither may it adjudge dismissal from service, dishonorable discharge, confinement for more than three (3) months, forfeiture of pay in excess of two-thirds ( 2 / 3 ) of the monthly pay for more than three (3) months, or hard labor without confinement. It may adjudge a bad-conduct discharge under the following requirements:
(a) That there is a record of all the proceedings, evidence and testimonies produced before said court;
(b) that a counsel with the qualifications prescribed by § 2506 of this title has been designated to represent the accused, and
(c) a law officer has been designated for the trial; except that in any case that for physical reason or military requirements a law officer has not been designated, this last requirement may be dispensed with. In any case where no law officer has been designated, the convening authority shall attach to the record a detailed written statement setting forth the reason or reasons which prevented the designation of the law officer.
History —June 23, 1969, No. 62, p. 117, § 703; May 19, 1976, No. 44, p. 117, § 15.