(a) Special courts-martial may be convened by:(1) Any person who may convene a general court-martial;(2) The commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station;(3) The commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;(4) The commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or(5) The commanding officer or officer in charge of any other command when empowered by The Adjutant General.(b) If any such officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
West Virginia Legal Code