What is the exception to the rule for when the ACC may reject a SPCM by MJA?

• A. If charged under Article 112a for use or possession of a controlled substance, or attempt thereof
• B. If the accused requests a jury
• C. If the offense occurred outside the United States
• D. If the accused is a foreign national

Answer: (A)

The key idea is how the convening authority’s power to approve or reject a Special Court-Martial referral by a military judge advocate is limited by a specific statute. Normally the convening authority could reject a SPCM proposed by the MJA, but there is a narrow exception: when the charges involve Article 112a—use or possession of a controlled substance (or an attempt). In that drug-offense scenario, the authority cannot use the rejection option to bypass or bypass the SPCM process; the case must proceed under the SPCM framework as charged. This exception exists because drug offenses are treated with particular seriousness and require consistent handling within the court-martial system. The other situations listed (a request for a jury, offense location outside the United States, or foreign national status) do not create this statutory exception to the general rule.