R 061624Z APR 20
MARADMIN 216/20
MSGID/CMC WASHINGTON DC PPO PS//
SUBJ/U. S. MARINE CORPS REQUIREMENT TO ENTER MILITARY PROTECTIVE ORDERS INTO THE FEDERAL BUREAU OF INVESTIGATION NATIONAL CRIME INFORMATION CENTER PROTECTION ORDER FILE AND THE USMC AUTHORIZED CRIMINAL JUSTICE INFORMATION SYSTEM//
REF/A/DODI 6495.02, SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM PROCEDURES//
REF/B/DODI 6400.06, DOMESTIC ABUSE INVOLVING DOD MILITARY AND CERTAIN AFFILIATED PERSONNEL//
REF/C/TITLE 10 U.S.C. §1567A//
REF/D/UNDER SECRETARY OF DEFENSE MEMORANDUM PLACING MILITARY PROTECTIVE ORDERS IN THE NATIONAL CRIME INFORMATION CENTER PROTECTIVE ORDER FILE DATED 12FEB20//
REF/E/DODI 5505.17, COLLECTION, MAINTENANCE, USE, AND DISSEMINATION OF PERSONALLY IDENTIFIABLE INFORMATION AND LAW ENFORCEMENT INFORMATION BY DOD LAW ENFORCEMENT ACTIVITIES//
REF/F/DODI 1000.30, REDUCTION OF SOCIAL SECURITY NUMBER (SSN) USE WITHIN DOD//
REF/G/MARADMIN 733/12//
REF/H/CRIMINAL JUSTICE INFORMATION SERVICES DIVISION TECHNICAL AND OPERATIONAL UPDATE 14-7//
REF/I/CJIS SECURITY POLICY VERSION 5.4//
REF/J/NCIC OPERATING MANUAL//
REF/K/NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020 (PUBLIC LAW 116-92)//
REF/L/SECNAV INSTRUCTION 5211.5F, DEPARTMENT OF THE NAVY PRIVACY PROGRAM//
REF/M/MCO 1752.5C, SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM//
NARR/REFERENCE (A) ESTABLISHES REQUIREMENTS FOR MILITARY COMMANDERS ISSUING A MILITARY PROTECTIVE ORDER (MPO). REFERENCE (B) REQUIRES MILITARY COMMANDERS TO COORDINATE WITH THE INSTALLATION LAW ENFORCEMENT AGENCIES (LEA) ON THE ISSUANCE OF AN MPO AND ENTRY INTO THE NATIONAL CRIME INFORMATION CENTER (NCIC) PROTECTIVE ORDER FILE (POF). REFERENCES (C) AND (D) IDENTIFY THE REQUIREMENTS TO NOTIFY CIVIL AUTHORITIES OF THE ISSUANCE OF AN MPO AND FOR MPO TO BE PLACED IN THE NCIC POF FOR THE DURATION OF THE ORDER. REFERENCE (E) IDENTIFIES THE ABILITY OF LAW ENFORCEMENT TO COLLECT PERSONALLY IDENTIFIABLE INFORMATION (PII) IN THE COURSE OF LAW ENFORCEMENT FUNCTIONS. REFERENCES (F) AND (G) PERTAIN TO THE REDUCTION OF SOCIAL SECURITY NUMBER (SSN) USE WITHIN THE DEPARTMENT OF DEFENSE. REFERENCES (H) THROUGH (J) IDENTIFY POLICY ON THE USE OF NCIC ESTABLISHED BY THE FEDERAL BUREAU OF INVESTIGATION’S (FBI) CRIMINAL JUSTICE INFORMATION SERVICE (CJIS) DIVISION. REFERENCE (K) IS THE NATIONAL DEFENSE AUTHORIZATION ACT OF 2020. SEC. 543 ESTABLISHES ANNUAL MPO REPORTING REQUIREMENTS AND NOTIFICATION REQUIREMENTS FOR COMMANDING OFFICERS (CO). REFERENCE (L) IDENTIFIES REQUIREMENTS PERTAINING TO THE DEPARTMENT OF THE NAVY PRIVACY PROGRAM. REFERENCE (M) DIRECTS SPECIFIC REQUIREMENTS FOR THE ISSUANCE OF MPOS UNDER THE MARINE CORPS SAPR PROGRAM.//
POC/1/B. HESS/COL/BRANCH HEAD, PSL/TEL: (703) 692-4307//
POC/2/A. KING/LTCOL/BRANCH HEAD, JMJ, JAD/TEL: (703) 693-9005//
GENTEXT/REMARKS/1.  This message provides policy to Provost Marshal Offices (PMO)/Marine Corps Police Departments (MCPD) (collectively referred to herein as installation LEA) for the entry of MPO into the NCIC POF and the USMC authorized criminal justice information system.
2.  Command Responsibilities.  Commanding Officers (CO) issuing an MPO shall perform the following actions:
2.A.  Issue an MPO whenever necessary to safeguard a victim, quell a disturbance, or ensure the safety of any person.  Prior to issuing an MPO, the CO will consider the purpose of the MPO as well as the collateral consequences for the person receiving the order.  An MPO should not be issued to an alleged victim or a witness for the purpose of keeping the suspect and victim/witness separated.  If an incident does not require protection of a person, but the commander seeks to keep parties from having contact or communications, the commander should issue an order directing no contact between parties instead of an MPO.
2.B.  Issue all MPOs using DD Form 2873, FEB 2020.  This form is available at https:(slash)(slash)www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2873.pdf.  Previous editions of DD Form 2873 are obsolete.
2.C.  Ensure the subject service member and protected person(s) are notified that an MPO has been issued.  Prior to providing the subject service member or protected person(s) with a copy of the MPO, the CO must ensure PII is redacted, with the exception the full names of the individuals involved, on all forms.  Pursuant to reference (l), limit access to MPOs to only those with an official need-to-know.
2.D.  Coordinate with the installation LEA identified in paragraph 3 to place an active MPO into the NCIC POF for the duration of the order.  As outlined within reference (d), this applies to all active MPOs, regardless of whether those persons involved in the order reside on or off of a military installation.
2.E.  When a CO determines a MPO will be issued, the command will provide the DD Form 2873 to the LEA after sections 1-8, 11, and 12 are completed.  Ensure the DD Form 2873 is completed in accordance with the DD Form 2873 Instructions.  The LEA will then generate a LEA report and enter the MPO into the NCIC POF.  Once the MPO is entered into the NCIC POF, the LEA will fill in sections 9 and 10 of DD Form 2873, include a copy of the DD Form 2873 as an attachment to the LEA report, and return the completed DD Form 2873 to the command.  This method ensures valid information is entered into the NCIC POF and the subject service member is notified prior to the MPO being entered into the NCIC POF.
2.F.  The full SSN of the subject service member is required in block 2 of DD Form 2873 even when there are alternate forms of government identification available.  The full SSN is required by the LEA for processing.
2.G.  Pursuant to references (e) through (g), provide the installation LEA a copy of the relevant DD Form 2873 within 24-hours of issuing an MPO.  Issued MPOs shall specify a date of review in block 8 to determine if the MPO should remain in effect, be modified, or cancelled.  A new DD Form 2873 shall be issued if the MPO remains in effect.  In setting the date of review, the commander will consider the specific circumstances of the case and should consult with their Staff Judge Advocate.
2.H.  Notify, in writing, the installation LEA of any modification or cancellation to an active MPO, or changes in the status of the subject service member (e.g., End of Active Service (EAS), Permanent Change of Station orders, etc.).
2.I.  In the event the subject service member is transferred to another unit, not later than the date of the transfer, the CO shall notify the subject service member’s new CO of the issuance of the MPO, and the individuals involved in the MPO.
2.J.  Ensure an MPO is cancelled upon a subject service member reaching his or her EAS and notify the installation LEA in writing.
2.K.  Coordinate with the LEA located at their respective installations for information on how to submit an MPO for inclusion into the USMC authorized criminal justice information system and the NCIC POF through the organizational email.
2.L.  Pursuant to reference (m), MPOs issued to protect sexual assault victims have additional requirements.  The CO shall review reference (m) prior to issuing an MPO to protect sexual assault victims.
2.M.  The CO shall inform all protected persons that MPOs are not enforceable by civilian authorities off base.  The CO shall advise protected persons desiring protection off base to seek civilian protective orders, and direct the protected persons to the appropriate victim support service.
3.  The CO shall provide required MPO information to the following installation LEAs:
3.A.  Tenant commands aboard any Marine Corps installation shall provide all pertinent information regarding an active MPO to their respective installation LEA.
3.B.  Commanders of Marine Corps Western Recruiting Region commands provide all pertinent information regarding an active MPO to PMO, Marine Corps Recruit Depot (MCRD) San Diego, CA.
3.C.  Tenant commands assigned to MCRD Parris Island, SC, and commanders of Marine Corps Eastern Recruiting Region commands shall provide all pertinent information regarding an active MPO to PMO, Marine Corps Air Station Beaufort, SC.
3.D.  Tenant commands assigned to Marine Corps Support Facility (MCSF), New Orleans, LA, and Marine Forces Reserve components not located aboard one of the above installations shall provide all pertinent information regarding an active MPO to MCPD, MCSF New Orleans, LA.
3.E.  Tenant commands assigned to Marine Corps Installations-National Capital Region (MCI-NCR)/Marine Corps Base (MCB) Quantico, VA, and other active component commands not located aboard a Military Service Installation (e.g., Marine Corps Embassy Security Group) shall provide all pertinent information regarding an active MPO to PMO, MCI-NCR/MCB Quantico, VA.
3.F.  Tenant commands aboard another Military Service Installation will provide all pertinent information regarding an active MPO to the host installation LEA.
4.  USMC LEA Responsibilities.  Upon receipt of an MPO from a military commander, the installation LEA will perform the following actions:
4.A.  Enter all MPOs into the current USMC authorized criminal justice information system (i.e., Consolidated Law Enforcement Operations Center) by initiating a police report for the MPO.  This action will increase awareness for system users and generate the originating agency case number required for submission into the NCIC POF.
4.B.  Enter all MPOs into the NCIC POF.  Pursuant to reference (d), MPOs will be submitted utilizing the Enter Protection Order message key with the Protection Order Conditions field as “08 = See MISC field for conditions of MPO.”  Additionally, the miscellaneous field will begin with the following mandatory caveat:  “THIS IS A MILITARY PROTECTIVE ORDER AND MAY NOT BE ENFORCEABLE BY NON-MILITARY AUTHORITIES.  IF SUBJECT IS IN POSSIBLE VIOLATION OF THE ORDER, ADVISE THE ENTERING AGENCY (MILITARY LAW ENFORCEMENT).”
4.C.  Upon receipt of supplemental information, modification, or cancellation of an MPO, the responsible installation LEA shall update the corresponding records within the USMC authorized criminal justice information system and the NCIC POF.
4.D.  Assign, in writing, a primary and alternate MPO clerk within their department.
4.E.  Establish an organizational email specifically for the submission of MPOs.  Commands shall coordinate with the LEA located at their respective installations for information on how to submit an MPO for inclusion into the USMC authorized criminal justice information system and the NCIC POF through the organizational email.
5.  Reporting Requirements.  In accordance with references (c) and (k), commanders are required to report all MPOs issued during the previous calendar year via the chain of command, annually, no later than February 1st.  Commands/LEAs are required to report all MPOs submitted to NCIC from the previous calendar year via the chain of command, annually, no later than February 1st.  All totals are required to be reported to Congress no later than March 1st on an annual basis through CY2025.
6.  This MARADMIN is applicable to the Marine Corps Total Force.
7.  This MARADMIN was coordinated between CMC (PSL), CMC (JA), and COMMCICOM.
8.  Release authorized by SES Randy R. Smith, Assistant Deputy Commandant, Plans, Policies, and Operations (Security).//