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Accuser concept applied to Art 32 convening authority



Guys,
MCM prevents "accuser" from convening gen and spec C-M, (RCM 504) but what of an Art 32?  Any case law on that?  We have a convening authority who is also an accuser in one of the charges (failure to obey lawful command) who has appointed an Art 32 investigating officer.  Can he do so?  Can he receive and recommend action on its results?  Seems to me that he can.  Just checking the brain trust.  
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566

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