Yes - remember that the commander is the responsible party and will decide whether or not to convene Courts Martial. Another thing to remember is that different ranks/positions have differing abilities to convene courts. A commander if an 0-5 or O-6 may only be able to convene NJP, administrative dismissals, and may have convening authority for only Summary or Special Courts Martial. If I remember well enough, I believe it takes a 2 star officer to convene a General Court, although it may be any flag officer in a commanding billet.
As such, when an investigation reveals to the CO that a GCM is warranted, the case is referred up to the officer in the Chain of Command with GCMCA.
It is not uncommon for the general officer to receive the operational command's Article 32, and if the review shows a GCM is warranted - they will further direct an independent A32 by one of his JAGs (trained lawyers). It can be a tedious process with separate investigations being conducted on as many as 3 levels prior to a referral of charges.
I agree with pissant. It'll be interesting seeing what the troops each plead.
Better than a civilian Grand Jury, where the defendant isn't notified, and the prosecutor makes a grab a low-hanging fruit. Especially during an election year.
UCMJ is fair. Our civilian jurisprudence could take a lesson. Lives can be ruined by false accusations. I've seen it first-hand. False accusation (99 years to life possible outcome), exoneration by a GJ, and a three month deferred adjudication slap on the wrist to the prevaricator
On this particular case. I don't know the outcome. .
I suspect that justice will be served. Real justice. I expect that from the UCMJ and our officer corps.
/johnny