Chugalug, Counsel's Opinion, please!
If I may M'Lud, I read from my Roneo'd Flight Cadet notes as follows:
Accused's Rights to Elect Trial by Court Martial
Before awarding any punishment other than a severe reprimand or a minor punishment, or where a finding of guilty (whatever the punishment) will involve a forfeiture of pay, a commanding officer (or a subordinate commander) must ask the accused if he wishes to be tried summarily or tried by court-martial.
Failure to ask this question may result in the whole proceeding becoming a nullity
I'm obliged to you M'Lud.
(Bows deeply, retires to table and proceeds to rearrange paperwork in order to look busy)
So it would appear that there was not a right to CM as the cost was not in a forfeiture but in delayed promotion. Catch22 as usual prevails!
Edited to add that the devil (as always) is in the detail. If the offence was AWOL, then:
Convictions of absence without leave leads to automatic forfeiture of pay no matter what punishment is awarded...
Whenever an accused is found guilty of absence...he must, before his punishment is awarded, be given the right to elect trial by court martial no matter how slight the punishment it is proposed to give...
so the offence charged is the key, no doubt the all inclusive "Conduct to the prejudice of good order and air force discipline" can be used to avoid that problem.