Accused’s elections on composition of

court-martial (a) In general. (1) Except in a special court-martial consisting of a military judge alone under Article 16(c)(2)(A), before the end of the initial Article 39(a) session or, in the absence of such a session, before assembly, the military judge shall ascertain, as applicable: (A) In the case of an enlisted accused, whether the accused elects to be tried by a court-martial composed of— (i) at least one-third enlisted members; or (ii) all officer members. (B) In all noncapital cases, whether the accused requests trial by military judge alone. (2) The accused may defer requesting trial by military judge alone until any time before assembly. (b) Form of election. The accused’s election or request, if any, under subsection (a), shall be in writing and signed by the accused or shall be made orally on the record. (c) Action on election. (1) Request for specific panel composition. If an enlisted accused makes a timely election under subparagraph (a)(1)(A), the convening authority, unless a sufficient number of members have already been detailed, shall detail a sufficient number of additional members to the court-martial in accordance with R.C.M. 503 or prepare a detailed written statement explaining why physical conditions or military exigencies prevented such detail. Proceedings that require the presence of members shall not proceed until either there is a sufficient number of additional members or the convening authority has prepared a written statement. (2) Request for military judge alone. Upon receipt of a timely request for trial by military judge alone the military judge shall: (A) Ascertain whether the accused has consulted with defense counsel and has been informed of the identity of the military judge and of the right to trial by members; and (B) Approve or disapprove the request, in the military judge’s discretion. (3) Composition. Trial shall be by a court-martial composed of the members in accordance with the convening order, unless the case is referred for trial by military judge alone under Article 16(c)(2)(A), the military judge grants a request for trial by judge alone, or there is a request for a specific panel composition under subparagraph (a)(1)(A). (d) Right to withdraw request. (1) Specific panel composition. An election by an enlisted accused under subparagraph (a)(1)(A) may be withdrawn by the accused as a matter of right any time before the end of the initial Article 39(a) session, or, in the absence of such a session, before assembly. (2) Military judge. A request for trial by military judge alone may be withdrawn by the accused as a matter of right any time before it is approved, or even after approval, if there is a change of the military judge (e) Untimely requests. Failure to request, or failure to withdraw a request for a specific panel composition or trial by military judge alone in a timely manner shall waive the right to submit or to withdraw such a request. However, the military judge may, until the beginning of the introduction of evidence on the merits, as a matter of discretion, approve an untimely request or withdrawal of a request.