What is the correct first step to initiate a court-martial?

What is the correct first step to initiate a court-martial?

• A. Commander issues a convening order
• B. Preferral
• C. Preliminary hearing
• D. Referral

Answer: (A)

The action that starts a court-martial is the formal convening order issued by the convening authority. This document creates the court-martial, identifies the accused, specifies the offenses to be tried, and sets the time, place, and type of court. Without this authorizing order, there is no proceeding to receive charges or conduct a trial. Charging steps like preferral involve formally accusing offenses, and referral is the act of sending those charges to trial, but neither by itself begins the court-martial process without the convening order. A preliminary hearing is a later step used to evaluate the case or the charges, not the initiation of the court-martial.

The action that starts a court-martial is the formal convening order issued by the convening authority. This document creates the court-martial, identifies the accused, specifies the offenses to be tried, and sets the time, place, and type of court. Without this authorizing order, there is no proceeding to receive charges or conduct a trial.

Charging steps like preferral involve formally accusing offenses, and referral is the act of sending those charges to trial, but neither by itself begins the court-martial process without the convening order. A preliminary hearing is a later step used to evaluate the case or the charges, not the initiation of the court-martial.