(a) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, 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 special court-martial convening authority may detail a judge advocate, who is certified under section 827(b) of this title (article 27(b)), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer so desires.
(b) The record of the hearing and the recommendation 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 the officer exercising general court-martial jurisdiction vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in section 857 of this title (article 57). The vacation of the suspension of a dismissal is not effective until approved by the Secretary concerned.
(c) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Structure US Code
Subtitle A— General Military Law
CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER IX— POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
§ 859. Art. 59. Error of law; lesser included offense
§ 860. Art. 60. Post-trial processing in general and special courts-martial
§ 860a. Art. 60a. Limited authority to act on sentence in specified post-trial circumstances
§ 860c. Art. 60c. Entry of judgment
§ 861. Art. 61. Waiver of right to appeal; withdrawal of appeal
§ 862. Art. 62. Appeal by the United States
§ 864. Art. 64. Judge advocate review of finding of guilty in summary court-martial
§ 865. Art. 65. Transmittal and review of records
§ 866. Art. 66. Courts of Criminal Appeals
§ 867. Art. 67. Review by the Court of Appeals for the Armed Forces
§ 867a. Art. 67a. Review by the Supreme Court
§ 868. Art. 68. Branch offices
§ 869. Art. 69. Review by Judge Advocate General
§ 870. Art. 70. Appellate counsel
§ 872. Art. 72. Vacation of suspension
§ 873. Art. 73. Petition for a new trial
§ 874. Art. 74. Remission and suspension
§ 876. Art. 76. Finality of proceedings, findings, and sentences
§ 876a. Art. 76a. Leave required to be taken pending review of certain court-martial convictions