Discipline and Records Overview

Six Areas, One Framework

The discipline and records topic covers six interlocking areas. Each has its own procedural rules, but they share a common foundation: documented basis, notification, rebuttal opportunity, signature authority, and OMPF routing.

The OSTC covered-offense overlap (MARADMIN 633/24) applies across every area when the alleged conduct falls within OSTC referral authority. Coordinate with SJA before any action where OSTC overlap is possible.

The Decision Tree

When misconduct surfaces, the CO walks this decision tree.

1. Is the alleged conduct on the OSTC covered offense list? If yes, OSTC has exclusive referral authority once exercised. Coordinate with SJA and notify the regional OSTC. Open the Covered Offense Incident Response playbook.
2. Does the conduct warrant disciplinary action? Sometimes counseling is sufficient. Page 11 administrative entry documents the counseling without UCMJ action.
3. What level of UCMJ action is appropriate?
   • Non-punitive measures (extra training, counseling, withdrawal of privileges)
   • NJP under Article 15
   • Summary Court-Martial (SCM)
   • Special Court-Martial (SPCM)
   • General Court-Martial (GCM)
4. Is administrative separation appropriate independent of or alongside UCMJ action? See Personnel Decisions topic.

Each path has procedural rules requiring strict observance or the action becomes voidable.

Authority Limits in Plain English

The CO's discipline authority varies by grade and the action contemplated.

These are illustrative. Specific authority for any action is in MCO 5800.16, the MCM, and local convening authority designations.

The OSTC Overlap

MARADMIN 633/24 gives OSTC exclusive referral authority over covered offenses once OSTC exercises authority on a case.

Once OSTC exercises authority:

• The CO is not the disposition authority on the case
• NJP is not available
• Court-martial referral runs through OSTC, not the CO
• Plea negotiations are between OSTC and the accused
• Page 11 entries documenting the underlying conduct are deferred until OSTC disposition
• The Marine is on legal hold for personnel actions

The CO retains:

• Legal hold authority for personnel actions
• Command investigation authority parallel to OSTC review
• Support obligations to victim and accused
• Climate response within the unit
• CMG attendance for any SAPR overlap

The OSTC list is in the Turnover topic's OSTC Covered Offenses page. Treat the linked page as the canonical reference.

SJA Coordination Triggers

Coordinate with SJA before signing any of the following.

• Any NJP imposing reduction in grade
• Any NJP with appeal expected
• Any court-martial referral
• Any administrative separation with misconduct basis or OTH characterization
• Any Page 11 entry documenting conduct under investigation
• Any pretrial confinement decision
• Any Military Protective Order
• Any case with OSTC overlap
• Any Article 138 complaint received from a Marine

SJA does not approve the CO's action. SJA reviews the procedural basis and flags risk. The CO retains the decision.

Documentation Set Across All Discipline Actions

Every disciplinary action produces documentation flowing through three layers.

1. Unit-level record. UPB, command investigation report, Page 11 draft, MfR.
2. S-1 processing. Routing for IPAC entry, NAVMC 10132 update, MOL flag.
3. OMPF. Permanent record of the action through IPAC processing.

An action existing only at unit level is lost at the next Marine transfer or separation. OMPF routing is the persistent record.

The Records Substrate

Every discipline action is supported by records management. Three foundational records.

The UPB is unit-level. The SRB is the Marine's local record. The OMPF is the permanent HQMC record. Sloppy entries on any of these undermine subsequent personnel decisions.

Common Failures Across the Topic

1. Acting before OSTC jurisdiction confirmed. Direct violation of MARADMIN 633/24.
2. NJP imposed without rights advisement signed. Procedural defect. Voidable.
3. Page 11 entry without Marine signature or refusal annotation. Defect grounds.
4. Records not routed to OMPF. Lost at next separation processing.
5. Court-martial referral without SJA review. Procedural and legal risk.
6. Command investigation conducted without JAGMAN procedures. Findings unusable.
7. Pretrial confinement without IRO review on schedule. Procedural violation under RCM 305.

Decision Framework Before Initiating Any Action

Before any disciplinary action:

1. Is the conduct on the OSTC covered list?
2. Is the conduct documented with verified evidence?
3. Has the Marine been advised of rights where required?
4. Do I have signature authority for the action contemplated?
5. Has SJA reviewed the basis?
6. What is the appeal path the Marine retains?
7. Where does the documentation flow (UPB, SRB, OMPF)?
8. Does the action have OSTC, SAPR, or family advocacy overlap?

A "no" or "unclear" on any of these is a sign to coordinate before signing.

Related Pages In This Topic

• NJP Routing and Commander Authority (order 2)
• Page 11 Entries (order 3)
• Convening Authority and Courts-Martial (order 4)
• Command Investigations (order 5)
• UPB and SRB Records Management (order 6)

Related Pages Outside This Topic

• OSTC Covered Offenses and Regional Notification (Turnover topic)
• Covered Offense Incident Response (Incident Playbooks topic)
• SAPR Unrestricted Report Response (Incident Playbooks topic)
• Off-Base Arrest Response (Incident Playbooks topic)
• Administrative Separation Authority (Personnel Decisions topic)
• Reductions in Grade (Personnel Decisions topic)
• Promotion Withholds and Removals (Personnel Decisions topic)