Section 400.545  Withdrawal of Charges

a)         Withdrawal.  The convening authority or superior competent authority may, for any reason, cause any charges or specifications to be withdrawn from a court-martial at any time before findings are announced.

b)         Referral of Withdrawn Charges.  Charges that have been withdrawn from a court-martial may be referred to another court-martial unless the withdrawal was for an improper reason (see RCM 604(b) (Discussion)). Charges withdrawn after the introduction of evidence on the general issue of guilt may be referred to another court-martial only if the withdrawal was necessitated by urgent and unforeseen military necessity.