2713

(a) Before the vacation of any privileges granted to a person under § 2711 of this title with respect to a court-martial sentence which, as approved, includes a bad-conduct discharge, or before the vacation 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 probationer shall be represented at the hearing by a counsel provided by him, or by a counsel appointed at his request, in accordance with the provisions of § 2712 of this title.\n(b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the unit of which the probationer is a member in all other cases covered by subsection (a) of this section. If the Governor or commanding officer vacates the suspension granted under § 2711 of this title, any unexecuted part of the sentence except a dismissal shall be executed.\n(c) The suspension of any other sentence may be vacated by any competent authority of the command in which the accused

itle, any unexecuted part of the sentence except a dismissal shall be executed.\n(c) The suspension of any other sentence may be vacated by any competent authority of the command in which the accused is serving or assigned or by a court of the kind that imposed the sentence.\nHistory —June 23, 1969, No. 62, p. 117, § 1212, eff. 90 days after June 23, 1969.