R 061500Z JUN 22
MARADMIN 285/22
MSGID/GENADMIN/CMC WASHINGTON DC JA//
SUBJ/MARINE CORPS DEFENSE SERVICES ORGANIZATION INVESTIGATOR PROGRAM//
REF/A/DOC/CDC PM 4.4//
REF/B/DOC/P.L. 116-92/2019//
REF/C/DOC/JAGINST 5803.1E//
REF/D/DOC/MCM 2019//
NARR/REFERENCE (A) IS CHIEF DEFENSE COUNSEL OF THE MARINE CORPS POLICY MEMO 4.4 MARINE CORPS DEFENSE SERVICES ORGANIZATION INVESTIGATOR PROGRAM. REFERENCE (B) IS THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020. REFERENCE (C) IS JAGINST 5803.1E PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL. REFERFENCE (D) IS THE MANUAL FOR COURTS-MARTIAL (2019 Edition).//
POC/C. A. CARVER/MAJ/JAD/CDC/DCAP/TEL: 703-604-0574/E-MAIL: cory.carver@usmc.mil//
GENTEXT/REMARKS/1. Purpose. This message announces the establishment of the Marine Corps Defense Services Organization Investigator (DSOI) program and publication of reference (a) as the uniform policy governing execution of the DSOI program. Reference (a) is available at: https:(slash)(slash)www.hqmc.marines.mil/dso.
2. Background. Pursuant to Article 46 of the Uniform Code of Military Justice and Section 540J of reference (b), the DSOI program provides the Marine Corps Defense Services Organization (DSO) with an independent investigative litigation support capability designed to facilitate equal access to witnesses and evidence for a servicemember pending court-martial. Commanders will provide access to witnesses requested by a DSOI in accordance with the provisions and limitations of references (a), (c), and (d).
3. Concept of Operations. In accordance with references (a) and (b), the Chief Defense Counsel of the Marine Corps (CDC) will manage the DSOI program, with Regional Defense Counsel (RDC) responsible for the supervision, evaluation, task prioritization, training, and assignment of the DSOI assigned to the RDC’s region. Each regional DSO office will be supported by a civilian investigator (the DSOI) who will provide expert case analysis and assist military defense counsel in the representation of servicemembers during the court-martial process.
4. DSOI standards of conduct. The below provides a non-comprehensive overview of the standards governing DSOI conduct while performing official duties. Additional details related to DSOI standards of conduct are contained in references (a), (c), and (d).
4.a. DSOI are not law enforcement agents, and shall not hold themselves out as such.
4.b. DSOI, as members of the defense team, are subject to rules related to confidentiality and are covered by attorney-client and work product privileges as detailed in references (a), (c), and (d).
4.c. Prior to interviewing a witness, DSOI shall inform the witness of the following:
4.c.1. The DSOI’s name and position;
4.c.2. That the DSOI works for the DSO;
4.c.3. The name of the military defense counsel the DSOI is assisting; and
4.c.4. The name of the case to which the DSOI is assigned.
4.d. As an agent of the defense counsel, DSOI must respect all rights accorded victims by Article 6b, UCMJ, and all implementing regulations.
5. DSOI Standard Identification Document. Upon completion of initial training requirements, DSOI will be issued a DSOI standard identification document in accordance with reference (a).
6. DSOI are not authorized to be armed during the execution of official duties.
7. Release authorized by Major General David J. Bligh, Staff Judge Advocate to the Commandant of the Marine Corps, Headquarters Marine Corps.//