MARADMIN 655/23 - Office of Special Trial Counsel Full Operational Capability and Notification Requirements for Covered Offenses

Scope

MARADMIN 655/23 announces full operational capability of the Marine Corps Office of Special Trial Counsel (OSTC) effective 2023-12-28. Under Rule for Courts-Martial 301 as amended by Annex 2 of Executive Order 14103, commanders shall ensure every allegation of a covered offense is promptly reported to the OSTC. OSTC holds exclusive authority over covered offenses committed on or after 2023-12-28 and is the exclusive referral authority. Commanders cannot dispose of an offense over which OSTC has exercised authority unless a Special Trial Counsel (STC) defers the offense. Applicability is the Marine Corps Total Force.

Audience

• Commanders. Report every allegation reasonably alleging a covered offense to the regional OSTC office.
• Staff Judge Advocates. Adjudicate implementation questions on the FY22, FY23, and FY24 NDAA military justice reforms.
• HQMC SJA. Owns the policy.
• OSTC offices (regional). Receive reports and adjudicate authority over the alleged offense.

Covered offenses under the UCMJ

• Article 117a. Wrongful Broadcast or Distribution of Intimate Visual Images.
• Article 118. Murder.
• Article 119. Manslaughter.
• Article 119a. Death or Injury of an Unborn Child (pre-2023-12-28 cases excluded).
• Article 120. Rape and Sexual Assault.
• Article 120a. Mail, Deposit of Obscene Matter (pre-2023-12-28 cases excluded).
• Article 120b. Rape and Sexual Assault of a Child.
• Article 120c. Other Sexual Misconduct.
• Article 125. Kidnapping.
• Article 128b. Domestic Violence.
• Article 130. Stalking.
• Article 132. Retaliation.
• Article 134. Child Pornography.
• Conspiracy, solicitation, or attempt to commit a covered offense is itself a covered offense.

Regional reporting addresses

• OSTC-West. AK, WA, OR, CA, AZ, NV, ID, IN, MT, WY, UT, CO, NM, ND, SD, NE, KS, OK, TX, AR, MO, IA, MN, WI, IL. ostcw@usmc.mil.
• OSTC-East. LA, MS, AL, FL, GA, SC, NC, TN, KY, MI, OH. ostceast@usmc.mil.
• OSTC-NCR. DC, VA, WV, PA, MD, DE, NJ, NY, RI, CT, MA, NH, VT, ME. ostcncr@usmc.mil.
• OSTC-Pacific. USINDOPACOM AOR. trialservices_oki@usmc.mil.
• OSTC-Headquarters. Non-activated reserve and any location not addressed above. OSTC_HQ@usmc.mil.

Action items

1. Identify the OSTC regional office aligned to the unit location.
2. Report allegations promptly. The OSTC determines whether the offense is a covered offense.
3. Continue OPREP-3 Serious Incident Reports and law enforcement notifications.
4. Coordinate with the Staff Judge Advocate on disposition questions when OSTC has exercised authority.

Connection to higher policy

• Executive Order 14103. Amendments to the Manual for Courts-Martial.
• FY22, FY23, and FY24 National Defense Authorization Acts. Military justice reform sources.
• Rule for Courts-Martial 301 (as amended by Annex 2 of EO 14103).

Connection to Marine Corps doctrine

• MARADMIN 633/24. Update to Notification Requirements for Covered Offenses. Companion update.
• MCO 5800.16 Vol 12. Legal Support and Administration Manual (LSAM).

Status

Released 2023-12-28, DTG R 281130Z DEC 23. Originator CMC Washington DC JA. Release authorized by Major General David J. Bligh, Staff Judge Advocate to the Commandant of the Marine Corps. POC LtCol G. S. Shows at OSTC, 703-614-6108, geoffrey.shows@usmc.mil. Active until superseded.