Yes, a pretrial agreement (PTA) or plea deal is a binding contract that remains in effect even if the convening authority who approved it changes command before the final sentence is approved. The PTA is an agreement between the “convening authority” as an official position, not with the individual commander personally. The new commander who takes over assumes all the rights, responsibilities, and legally binding agreements of their predecessor.
The process remains the same. The service member pleads guilty at the court-martial, and the military judge or panel adjudges a sentence. After the trial, the record is prepared and presented to the new convening authority for their post-trial action. The new commander is legally bound to abide by the terms of the PTA that was signed by the previous commander. They must review the sentence adjudged by the court and apply the sentence limitation (the “cap”) that was agreed to in the PTA.
A military defense attorney will ensure this continuity. If a new commander were to attempt to disregard a previously approved PTA, the attorney would immediately file a formal objection and a motion to enforce the agreement. The military judge and the appellate courts would enforce the PTA as a binding contract. The change of command does not provide the government with an opportunity to back out of a legally executed plea agreement.