SDCL § 33-10-207: Action by adjutant general regarding subject matter jurisdiction.

The record of trial and related documents in each case reviewed pursuant to § 33-10-206 shall be sent for action to the adjutant general. The adjutant general may:

(1) If subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government, as the adjutant general deems appropriate; or

(2) Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.