Vacation of Suspension

(a)Before the vacation of the suspension of any court-martial sentence which includes dismissal, dishonorable or bad-conduct discharge, the officer having general court-martial jurisdiction over officer or enlisted probationer or special court-martial jurisdiction over enlisted probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented by counsel if he 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 he vacates the suspension, any unexecuted part of the sentence, except a dismissal, dishonorable or bad-conduct discharge, shall be executed. The vacation of the suspension of a dismissal, dishonorable or bad-conduct discharge is not effective until approved by I Maga’håga/Maga’låhi.

(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.