Article 16. Courts-martial classified.

The 3 kinds of courts-martial in the state military forces shall be:

(1) general courts-martial, consisting of:

(A) a military judge and not less than 5 members; or

(B) only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;

(2) special courts-martial, consisting of:

(A) a military judge and not less than 3 members; or

(B) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (B) of subsection (1) so requests; and

(3) summary courts-martial, consisting of 1 commissioned officer.