Who has the authority to decide on the type of court martial to be awarded?

The authority to decide on the type of court martial awarded typically lies with the commanding officer. This decision is based on the severity of the alleged offenses and the circumstances of the case. The commanding officer evaluates the situation, including the details of the alleged misconduct and the service member's record, to determine whether a summary, special, or general court martial is appropriate.

In contrast, other roles such as the executive officer, judge advocate, and military prosecutor may provide advice, recommendations, or insights, but they do not possess the final say in deciding the type of court martial. The commanding officer's decision is crucial because it reflects the authority given under the Uniform Code of Military Justice (UCMJ) to maintain discipline and uphold standards within the service.