Any chance that the lower command levels ‘punted’ on this? Or did the SEALs waive hearings at the lower levels? Truly, I have no clue as to how this type of thing works.
In the Navy, non-judicial punishment proceedings (ie in
house non-court proceedings) are referred to as Captains mast. Any “accused” can refuse and thereby the issue gets forwarded to the “convening authority” for possible prosecution. An art 32 investigation is then done to determine if there is merit to the charges. If so then a courts martial can proceed... if not dismissed by the convening authority (usually a general or admiral)
That is the extent of my military legal (UCMJ knowledge. Non-lawyer prior service shmuck—me.