SDCL § 33-10-131: Conditions for new charges and specifications.

The conditions referred to in § 33-10-130 are that the new charges and specifications shall:

(1) Be received by an officer exercising summary court-martial jurisdiction over the command within one hundred eighty days after the dismissal of the charges or specifications; and

(2) Allege the same acts or omissions that were alleged in the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications).