10 U.S.C. § 824

1. (a)Summary courts-martial may be convened by—
   1. (1)any person who may convene a general or special court-martial;
   2. (2)the commanding officer of a detached company, or other detachment of the Army;
   3. (3)the commanding officer of a detached squadron or other detachment of the Air Force or a corresponding unit of the Space Force; or
   4. (4)the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
2. (b)When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.